Allahabad High Court

SHAHRUKHversusSTATE OF UP

Decided: 5 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court granted bail to the applicant, holding that the circumstances warranted his release on bail.

Summary

Shahrukh was arrested in Crime No. 693 of 2024 under Sections 191(2), 191(3), 190, 109(1), 118(1) and 131 of the B.N.S. 2023 for allegedly causing gunshot and incised injuries to a victim. The FIR initially alleged that he and co‑accused Aamir fired a firearm, but the medical report later showed only incised wounds, leading the applicant to claim false implication. He has six pending cases but no conviction and has been in custody since 22‑11‑2025; a charge‑sheet has now been filed and he is no longer required for custodial interrogation. The court noted that all similarly situated co‑accused had previously been granted regular bail by the same court. Considering the parity with co‑accused, the absence of a need for further detention, and the applicant’s lack of prior conviction, the court allowed the bail application subject to a personal bond, sureties and standard conditions.

Issues considered

Whether the applicant is entitled to bail despite being charged under multiple serious offences under the B.N.S. 2023.
Whether the change in the nature of the alleged injury and the filing of the charge‑sheet affect the necessity of continued custody.
Whether the grant of bail to similarly situated co‑accused mandates the same relief for the applicant.

Legislation cited

B.N.S., 2023 — s. 109(1), 118(1), 131, 190, 191(2), 191(3)

Subjects

bail
false implication
charge sheet
regular bail
conditions of bail
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5043 of 2026

Shahrukh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Manoj Kumar Srivastava, Pratima
Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.693 of 2024, under Sections 191(2),
191(3), 190, 109(1), 118(1), 131 of B.N.S. 2023, Police Station- Banna
Devi, District- Aligarh.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The applicant has been named
along with 8 other accused persons and 5 to 6 unknown persons. In the
First Information Report, which has been lodged by the injured himself,
the role of causing gunshot injury on the head of the victim, has been
assigned to the applicant and the co-accused Aamir. Later on, in the
medical examination report, no gunshot injury was found and only incised
wounds were found. The prosecution version was then changed and the
applicant was also assigned the role of causing incised wounds. The
applicant has a criminal history of six cases, in which the applicant is on
bail. The applicant is not a previous convict and he is in jail since
22.11.2025. The Learned counsel for the applicant further contends that
the similarly situated co-accused viz. Talib, Jubair Alais Khanna, Azad,
Kamran, Imran Ali and Shoeb have been granted regular bail by this
Court vide its orders dated 11.02.2025, 11.02.2025, 31.1.2025,
24.1.2025, 21.1.2025 and 27.11.2024 passed in Criminal Misc. Bail
BAIL No. 5043 of 2026
2

Application No. - 46590 of 2024, Criminal Misc. Bail Application No.
- 46725 of 2024, Criminal Misc. Bail Application No. - 45046 of 2024,
Criminal Misc. Bail Application No. - 43696 of 2024, Criminal Misc.
Bail Application No.882 of 2025 and Criminal Misc. Bail Application
No. - 42580 of 2024, respectively. The case of the applicant is also at par
with that of the co-accused.

4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail, however, could not dispute the fact similarly situated co-
accused have been granted bail by this Court. The Learned A.G.A. has
also not disputed the explanation given by the Learned counsel for the
applicant with respect to criminal antecedents of the applicant.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

6. In the First Information Report, the applicant and the co-accused Aamir
have been assigned the role of causing gunshot injury on the head of the
injured. General role of using knives to cause injury on the person of the
injured has also been given in the First Information Report, however, it is
the specific case that the applicant wielded a firearm alongwith the co-
accused Aamir and fired four to five rounds on the victim. In the medical
examination report, no gunshot injury has been found on the victim and
only incised wounds have been found. Similarly situated co-accused viz.
Talib, Jubair Alais Khanna, Azad, Kamran, Imran Ali and Shoeb have
been granted regular bail by this Court vide its orders dated 11.02.2025,
11.02.2025, 31.1.2025, 24.1.2025, 21.1.2025 and 27.11.2024 passed in
Criminal Misc. Bail Application No. - 46590 of 2024, Criminal Misc.
Bail Application No. - 46725 of 2024, Criminal Misc. Bail Application
No. - 45046 of 2024, Criminal Misc. Bail Application No. - 43696 of
2024, Criminal Misc. Bail Application No.882 of 2025 and Criminal
Misc. Bail Application No. - 42580 of 2024, respectively. The applicant
is in jail since 22.11.2025 and a charge-sheet has now been submitted and
the applicant is no longer required for any custodial interrogation and
recoveries.

7. In view of the entire facts and circumstances of the case, especially
BAIL No. 5043 of 2026
3

taking into account the fact that all the other co-accused have been
granted bail by this Court and the applicant is in jail since 22.11.2025, I
deem it appropriate to enlarge the applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Shahrukh, involved in above mentioned
case crime number be released on bail, on his executing a personal bond
and two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.

10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.

12. 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.

(Rajiv Lochan Shukla,J.)
May 6, 2026
Sachin

Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad

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