Allahabad High Court
AVADHESH SHARMA @ AVADHESH KUMAR SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK VARMA
Holding
The court held that the applicant is entitled to anticipatory bail.
Summary
Avadhesh Sharma applied for anticipatory bail under Section 482 CrPC, fearing arrest in a case (Crime No. 534 of 2021) involving offences under Sections 147, 148, 149, 352, 504, 323 and 307 IPC. He contended that the allegations were vague, the injuries were minor, he had cooperated with the investigation, the charge‑sheet had been filed, and no custodial interrogation was required. The court noted that co‑accused in the same case had already been granted anticipatory bail and that the applicant had no prior criminal record. Considering the nature of the accusations, the completed investigation, and the parity with co‑accused, the court found the applicant entitled to anticipatory bail. Accordingly, the court ordered that, if arrested, he be released on bail upon furnishing a personal bond of Rs. 50,000 with two sureties and complying with standard bail conditions.
Issues considered
- What is the appropriate exercise of the court's inherent powers under Section 482 CrPC in granting anticipatory bail to the applicant?
- Whether the applicant, given the completed investigation, charge‑sheet filing, and lack of custodial interrogation, is entitled to anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 149, 307, 323, 352, 504
Subjects
- anticipatory bail
- Section 482 CrPC
- Indian Penal Code
- false implication
- parity in bail
- charge sheet
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8448 of 2026
Avadhesh Sharma @ Avadhesh Kumar Sharma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar
Counsel for Opposite Party(s) : G.A.
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application was dismissed as withdrawn with liberty to file afresh vide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
NABAIL No. 8448 of 2026
2
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
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3
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.
(Vivek Varma, J.)
September 21, 2026
Abhishek
Digitally signed by :-
ABHISHEK SINGH
High Court of Judicature at Allahabad
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