Allahabad High Court
SHAHRUKH KHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted in the present circumstances.
Summary
The applicant, Shahrukh Khan, filed a bail application in a criminal case (Crime No.135 of 2026) under Section 351(2) of the B.N.S. and Sections 5(m)/6 of the POCSO Act. The court examined the material on record, noting that both the informant and the victim had turned hostile during the trial and that there was no medical evidence corroborating the alleged incident. Considering these facts and the submissions of counsel, the court, without expressing an opinion on the merits, found the case fit for bail. Accordingly, the bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The court warned that breach of any condition would lead to cancellation of bail, and the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted in a case under Section 351(2) B.N.S. and Sections 5(m)/6 of the POCSO Act when the informant and victim have turned hostile and there is no medical corroboration.
Legislation cited
Subjects
- bail
- criminal procedure
- hostile witness
- medical evidence
- Section 351(2) B.N.S.
- POCSO Act
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14635 of 2026
Shahrukh Khan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Rizwan Ahmad(Qureshi), Zulfikar Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.82 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rizwan Ahmad Qureshi, learned counsel for the applicant, Sri R.P.
Patel, learned State Law Officer for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.135 of 2026, under Section 351(2) B.N.S.
and Section 5(m)/6 of P.O.C.S.O. Act, Police Station- Khurja Nagar, District-
Bulandshahar, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by learned
counsel for the parties, the evidence on record, taking into consideration that the
informant and the victim have turned hostile during trial and the fact that there is no
medical corroboration of the incident, and without expressing any opinion on the
merits of the case, prima facie I find it a fit case to release the applicant on bail.
Accordingly, the bail application is allowed.
5. Let the applicant- Shahrukh Khan, be released on bail in the aforementioned case
crime on furnishing a personal bond and two sureties to the satisfaction of the court
concerned, subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the trial court as
required.
6. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
Checking your session…