Allahabad High Court
SHAHRUKH @ SONUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding that he had made out a case for bail.
Summary
Shahrukh, also known as Sonu, applied for bail in a criminal case (Crime No. 156 of 2026) involving alleged offences under Sections 69, 87 and 123 of the Indian Penal Code. The victim is a major, approximately 18 years old, and the prosecution has not produced any conclusive evidence that the accused misled the victim from the outset. Both parties were represented, with Sandeep Tripathi appearing for the applicant and G.A. for the State. The court examined the material on record, considered the lack of clinching evidence, and noted the applicant's willingness to furnish a personal bond and sureties. Without passing on the merits of the case, the court held that the applicant had made out a case for bail and therefore granted it subject to conditions. The bail order includes conditions against tampering with evidence, intimidating witnesses, and mandates appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 69, 87 and 123 of the Indian Penal Code during the pendency of trial, given the victim is an adult and the evidence is not clinching.
Legislation cited
- Indian Penal Code — s. 123, 69, 87
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Section 69
- Section 87
- Section 123
- victim adult
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29881 of 2026
Shahrukh @ Sonu
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Sandeep Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.76 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sandeep Tripathi, learned counsel for the applicant, Sri Arun Kumar
Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.156 of 2026, under Sections 69, 87, 123
B.N.S., Police Station Civil Lines, District Muzaffarnagar, 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
victim is major, aged about 18 years, and there being no clinching evidence to suggest
that the applicant misled the victim from the beginning, and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.
5. Let the applicant- Shahrukh @ Sonu, be released on bail 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 11, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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