Omprakash Sharma @ Omprakash vs State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 587 of 2025

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Omprakash Sharma @ Omprakash

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another

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.....Opposite Party(s)

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Counsel for Applicant(s)	: Suyesh Pradhan
Counsel for Opposite Party(s)	: G.A., Anjali Pandey

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Court No. - 23

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HON'BLE RAJEEV BHARTI, J.

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As per the office report, notice to the opposite party no.2 is served. However, none appears on behalf of opposite party no.2.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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The present application has been filed seeking anticipatory bail in F.I.R./Case Crime No.72 of 2021, under Sections 323, 504, 506 & 308 IPC, P.S. Mishrikh, District Sitapur.

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The Co-ordinate Bench of this Court vide order dated 27.05.2025 has passed the following order granting interim anticipatory bail to the applicant:-

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"Heard learned counsel for applicant and learned A.G.A. for Stateopposite party.

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First anticipatory bail application has been filed with regard to case crime No. 72 of 2021, under Sections 323, 504, 506 & 308 IPC, P.S. Mishrikh, District Sitapur.

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As per contents of F.I.R., the applicant and co-accused are said to have attacked and inflicted injuries upon the informant and his family members on 15.02.2021.

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It is submitted that applicant has been falsely implicated with regard to sections impugned against him and that a perusal of FIR itself would indicate that an altercation had ensued on spur of movement with only simply injuries being indicated in the medical report. It is submitted that charge sheet in the matter has been filed and applicant undertakes to

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ABAIL No. 587 of 2025

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2

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cooperate in trial.

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Learned A.G.A. however has opposed the bail application but does not dispute the aforesaid facts. It is admitted that applicant does not have any previous criminal history.

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Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears from perusal of FIR that an altercation had ensued on spur of movement without any premeditation. Simple injuries are said to have been suffered due to altercation. The applicant undertakes to cooperate during the process of trial.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail.

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Let the accused-applicant Omprakash Sharma @ Omprakash as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-

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(i) That the accused-applicant shall cooperate in the investigation and she will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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(ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. List this case on 10th June, 2025 as fresh along with service report. Objections may be filed in the meantime."

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Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the aforesaid order. The applicant has duly cooperated in the investigation. Charge-sheet in the case has already been filed. The applicant has not misused the liberty of interim anticipatory bail granted by the Court. The applicant undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the

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ABAIL No. 587 of 2025

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3

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liberty of same. Learned counsel further submits that anticipatory bail granted to co-accused, namely, Kamini Devi @ Kamini Sharma has already been made absolute vide order dated 15.09.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.540 of 2025.

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Learned A.G.A. opposed the prayer for anticipatory bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim anticipatory bail granted by the coordinate bench of this Court vide order dated 27.05.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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It is made clear that in case of breach of any of the conditions mentioned in the aforesaid order dated 27.05.2025, the court below shall have the liberty to cancel the bail.

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In view of the aforesaid, the anticipatory bail application is allowed .

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March 9, 2026

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Anand/-

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(Rajeev Bharti,J.)

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Omprakash Sharma @ Omprakash v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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Omprakash Sharma @ Omprakash v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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