SHAHRUKHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 28399 of 2026

Shahrukh
                                                            .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)            :   Amit Rana
Counsel for Opposite Party(s)       :   Ashok Kumar Singh Bais, G.A.

Court No. - 67
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Amit Rana, learned counsel for the applicant and Sri B.P.
Singh, learned A.G.A. for the State and Sri Lorik Yadav, holding brief of
Sri A.K.S. Bais, learned counsel for the first informant.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 193 of 2026, under Sections 87, 69,
351(2) BNS, Police Station Sarsawa, District Saharanpur, during the
pendency of the trial.

3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and the victim is
a major and married lady and on perusal of the statement of the victim
recorded under Sections 180 and 183 BNSS, it appears that she is a
consenting party. It is further submitted that the medico-legal report of the
victim does not support the commission of rape on her. It is also
submitted that the applicant has been languishing in jail since 29.6.2026
and he is having no criminal history. It is lastly submitted that in case the
applicant is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.

4. Per contra, learned counsel for the first informant and learned A.G.A.
have vehemently opposed the prayer for bail.

5. As per the allegation in the FIR, the applicant is said to have
committed rape on the victim, however, the victim is a major and married
                                                       BAIL No. 28399 of 2026
                               2


lady and it is submitted that on perusal of the statement of the victim
recorded under Sections 180 and 183 BNSS, it appears that she is a
consenting party. The medico-legal report of the victim does not support
the commission of rape on her. The applicant has been languishing in jail
since 29.6.2026 and he is having no criminal history.

6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.

7. Accordingly, the present application is ALLOWED.

8. Let the applicant- Shahrukh involved in the aforementioned 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, with the
following conditions:-

(i) 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.

(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.

(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
                                                                                             BAIL No. 28399 of 2026
                                                                    3


                                    9. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    10. Identity, status and residence proof of the applicant and sureties be
                                    verified by the court concerned before the bonds are accepted.
                                    Verification of mobile number and Aadhaar card of the applicant as well
                                    as sureties should be verified by the court concerned.

                                    11. It is further directed that the trial court shall send the release order to
                                    the concerned jail through Bail Order Management System (BOMS) to
                                    ensure early release of the applicant.

                                    12. Office is directed to send a copy of this order to the applicant through
                                    concerned Jail Superintendent via e-mail or e-prison portal within 24
                                    hours in compliance of the order of the Apex Court in the case of Policy
                                    Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
                                    of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.



                                                                                     (Jitendra Kumar Sinha,J.)
                                    September 9, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad