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2025 DAILYLAW 82054 (ALL)

SHAHARUKH KHAN v. STATE OF U.P.

BAIL/27004/2025 · 2025-09-10

Krishan Pahal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27004 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ashutosh Kumar Tiwari, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 01 of 2025, under Sections 62, 336(4), 351(2) of BNS and Section 66(C) and 67 of I.T. Act, Police Station Cyber Crime Lalitpur, District Lalitpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have posted the indecent video on Instagram I.D. earlier on and the informant was having the same indecent video of her and she suspected that said video might be posted by the applicant on the said Instagram I.D. thereby maligning her in society. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 6. Learned counsel has next stated that the allegations are foisted on the suspicion only and the said speculation cannot be a basis to implicate the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 14.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Ashutosh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Shaharukh Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Shahrukh Khan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Sumit S BAIL No. 27004 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad