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Neutral Citation No. - 2025:AHC:83371 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15002 of 2025 Applicant :- Shahrukh Khan Opposite Party :- State of U.P. Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Mohd. Farooq, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 472 of 2024, under Sections 191(2), 191(3), 190, 333, 352, 351(2), 109, 103(1), 324(4) B.N.S., Police Station Kotwali, District Fatehpur during pendency of the trial. 3. Learned counsel for the applicant submits, however, it is a case in which, two persons sustained injuries and one person died but applicant was not named in the FIR and his name has been surfaced in the present matter through the statement of one alleged injured Harshit but even from his statement, it reflects, he did not assign role of causing injury to the applicant either to the deceased or to the injured Shahid and according to him co-accused Babloo and Annu @ Anurag made assault through iron rod upon the head of the deceased and thereafter co-accused Sunil Rana and Vipin Sharma caught hold him and thereafter co-accused Alok @ Akku inflicted knife injuries to him and thereafter co-accused Ankit Tiwari caused head injury to him. 4. He further submits, according to the injured Harshit co-accused Alok @ Akku caused knife injuries to another injured. He further submits, even another injured Shahid did not even disclose the name of applicant. 5. He further submits, even named co-accused Sunil Rana has been released on bail by this Court and his bail order has been annexed at page-172 of the paper-book. 6. He further submits, applicant is not having any criminal history
and in the present matter he is in jail since 26.11.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9.
From the record, it reflects, in the alleged incident two persons sustained injuries and one person died but applicant was not named in the FIR and his name was surfaced through the statement of injured Harshit but from the statement of injured Harshit, it could not be reflected, either applicant caused injury to the deceased or to any of the injured. 10. Further, injured Shahid did not even disclose the name of applicant. Further, co-accused Sunil Rana was named in the FIR and he has been released on bail. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 26.11.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant -Shahrukh Khan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the
prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16.
It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad