AVADHESH SHARMA @ AVADHESH KUMAR SHARMA v. STATE OF U.P. AND ANOTHER
NABAIL/8448/2026 · 2026-09-20
Vivek Varma
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 9504 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9504 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8448 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned AGA for the State, and perused the material on record.
2. The present second anticipatory bail application has been filed by the applicant under Section 482 BNSS apprehending his arrest in Case Crime No. 534 of 2021, under Sections 147, 148, 149, 352, 504, 323, 307 I.P.C., Police Station Khair, District- Aligarh. The first anticipatory bail application was dismissed as withdrawn with liberty to file afresh vide
order dated 26.08.2025 passed in Criminal Misc. Anticipatory Bail Application No. 757 of 2025.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations contained in the first information report, the applicant along with eleven accused is alleged to have assaulted the informant and four others. As per the case diary, injury reports of only three persons are available. Further, the injury received by the injured persons were simple in nature. Vague and general allegations have been levelled against the applicant. During the course of investigation, the applicant was granted protection by this Court vide
order dated 01.12.2021 passed in Criminal Misc. Writ Petition No.11491 of 2021. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court vide order dated 11.03.2024. No custodial interrogation is required. The applicant has no criminal Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A. Avadhesh Sharma @ Avadhesh Kumar Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
antecedents. Identically placed co-accused Vipin Kumar @ Vipin Sharma and Kapil Sharma @ Surendra Kumar have already been granted anticipatory bail by this Court vide orders dated 25.08.2026 and 16.09.2026 passed in Criminal Misc. Anticipatory Bail Application No.8136 of 2026 and Criminal Misc. Anticipatory Bail Application No.9607 of 2026, respectively. The applicant claims parity. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that vague and general allegations have been levelled against the applicant; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; identically placed co-accused Vipin Kumar @ Vipin Sharma and Kapil Sharma @ Surendra Kumar have already been granted anticipatory bail by this Court; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Avadhesh Sharma @ Avadhesh Kumar Sharma, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before NABAIL No. 8448 of 2026 2
the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 21, 2026 Abhishek NABAIL No. 8448 of 2026 3 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad