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2025 DAILYLAW 196387 (ALL)

SHAHRUKH KHAN @ DANISH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

BAIL/2243/2025 · 2025-11-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2243 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. Rejoinder affidavit is taken on record. Whereas, no one has put in appearance on behalf of the complainant despite notice. 2. The applicant seeks enlargement on bail in Crime No. 218/2024, under Sections 65(1), 351(2) of the Bharatiya Nyaya Sanhita & Sections 3/4 of the Protection of Children from Sexual Offences Act & Section 67 of the Information Technology Act, P.S. Aaspur Deosara, District - Pratapgarh. 3. Learned counsel for the applicant submits that in terms of the FIR lodged on 08.08.2024, it was alleged that the sister of the informant was at her home on 29.07.2024 when the applicant came and committed wrong on her and subsequently, also threatened to make certain videos viral. Subsequently, in the statement under Section 183 BNSS, the victim stated that physical relations were formed between them against her consent on 29.07.2024. The tentative age of the victim is 17 years. 4. Learned AGA has opposed the bail application. 5. Considering the substantial delay in lodging the FIR coupled with the fact that the applicant is in custody since 10.08.2024 and has no criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : M.K. Singh Bhardwaj Counsel for Opposite Party(s) : G.A. Shahrukh Khan @ Danish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant- Shahrukh Khan @ Danish be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs. 20,000/- (Twenty Thousand) each of the like amount with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 10, 2025 Mohit Singh/- BAIL No. 2243 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench