HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9607 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0534 of 2021, under Sections 147, 148, 149, 352, 504, 323, 307 I.P.C., P.S.- Khair, District- Aligarh, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned counsel for the applicant has contended that the applicant has been nominated in the present case along with eleven other named accused persons. The allegation is of assaulting Mukesh Sharma, Sanjay Sharma and Rahul Sharma. Learned counsel for the applicant has further contended that injured Sanjay Sharma has received two injuries. The injured Mukesh Sharma has received one injury and the injured Rahul Sharma has received three injuries. None of the injuries have been opined to be dangerous to life. Learned counsel for the applicant has further argued that the applicant has no criminal antecedents and he had been granted interim protection from arrest in Criminal Misc. Writ Petition No. 11491 of 2021. The applicant had challenged the proceedings in APPLICATION U/S 482 No. 21817 of 2024, which had been dismissed by this Court with certain directions. Learned counsel for the applicant contends that as the interim order had been operating in favour of the applicant in the writ petition which came to be finally dismissed by a Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A. Kapil Sharma @ Surendra Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Division Bench of this Court on 25.03.2026, it is thereafter that the applicant has approached the Court for seeking anticipatory bail. The co- accused Vipin Kumar @ Vipin Sharma and Ompal Sharma @ Om Prakash have been granted anticipatory bail by this Court in NABAIL Nos. 8136 of 2026 and 9417 of 2026 respectively. The case of the applicant stands on a similar footing to that of the co-accused. 4. Learned A.G.A. has opposed the prayer for bail, however, could not dispute the fact that the case of the applicant stands on a similar footing to that of the co-accused Vipin Kumar @ Vipin Sharma and Ompal Sharma @ Om Prakash. No criminal antecedents have been pointed out by the Learned A.G.A. 5. I have considered the submissions made by the Learned counsels for the parties. 6. Taking into account all the facts and circumstances of the case, the lack of criminal antecedents of the applicant as also the fact that similarly situated co-accused have been granted anticipatory bail and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail. 7. In view of the above, the anticipatory bail application of the applicant is allowed. 8. The applicant - Kapil Sharma @ Surendra Kumar shall appear before the trial Court within four weeks from today and shall be released on bail on filing his personal bond and surety in the like amount to the satisfaction of the Court concerned with the following conditions:- i. The applicant shall remain present before the trial Court on each date fixed unless exempted by the trial Court; ii. 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; iii. The applicant shall not leave India without the previous permission of NABAIL No. 9607 of 2026 2 the Court; iv. The applicant shall not pressurize/intimidate the prosecution witness; 9. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 16, 2026 S.A. NABAIL No. 9607 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad