Sherkhan vs State of U.P. — Anticipatory Bail | Allahabad HC (2026)

Sherkhan vs State of U.P. — Anticipatory Bail | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim anticipatory bail till 06.2.2026 in the event of arrest, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, subject to conditions (i)-(iv); in default the prosecution may seek cancellation; AGA to obtain instructions; case listed fresh on 06.2.2026.

Issue for consideration

Whether applicant Sherkhan, arraigned in Case Crime No. 287 of 2025 (Police Station Shahpur, District Muzaffarnagar) under Sections 109(1), 121, 190, 191(2) of B.N.S. and 3/25 Arms Act, is entitled to anticipatory bail in the event of arrest.

Court's answer

Without expressing any opinion on the merits, the applicant is to be released on interim anticipatory bail in the event of arrest on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, till 06.2.2026.

Ratio / Principle

Interim anticipatory bail granted subject to conditions: the applicant shall not tamper with evidence and shall appear before the trial Court on dates fixed unless exempted; shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; shall co-operate during trial and not misuse the liberty of bail; and shall not leave India without prior permission of the Court concerned.

Key takeaways

In default of any of the bail conditions, the prosecution shall be at liberty to file an appropriate application for cancellation of the interim anticipatory bail.ratio¶22
Learned AGA directed to obtain instructions in the matter by the next date fixed.ratio¶24
Case to be put up as fresh on 06.02.2026 for further consideration.ratio

Detailed headnote1 paragraphs

Anticipatory bail (application U/S 482 BNSS) — Case Crime No. 287 of 2025, Police Station Shahpur, District Muzaffarnagar, under Sections 109(1), 121, 190, 191(2) of B.N.S. and 3/25 Arms Act — applicant Sherkhan stated to be a family member of co-accused Saif @ Bihari, alleged to have opposed the co-accused's arrest and caused obstruction in the official duty of the police — co-accused Naim @ Bhura arrested with one country made pistol and stated in his confessional statement that he got it from Saif @ Bihari — A.G.A. had no instructions in the matter — Held (Jitendra Kumar Sinha, J.), without expressing any opinion on the merits, applicant to be released on interim anticipatory bail in the event of arrest on a personal bond of Rs. 50,000/- with two sureties each in the like amount till 06.2.2026, subject to conditions: no tampering with evidence and appearance before the trial Court unless exempted; no inducement, threat or promise to any person acquainted with the facts; co-operation during trial and no misuse of liberty of bail; no leaving India without prior permission of the Court concerned — in default, prosecution at liberty to file appropriate application for cancellation — learned AGA directed to obtain instructions by the next date — case put up as fresh on 06.02.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 248 of 2026

Sherkhan

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Jagdish Prasad Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 72

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Sri J.P. Mishra, learned counsel for the applicant, Sri J.P. Singh, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime no. 287 of 2025 under Sections 109(1), 121, 190, 191(2) of B.N.S. and 3/25 Arms Act, Police Station Shahpur, District Muzaffarnagar with the prayer that in the event of arrest, the applicant may be released on bail.

It is contended by learned counsel for the applicant that applicant has been implicated in this case as he happens to be family member of co-accused Saif @ Bihari. It is further submitted that co-accused Naim @ Bhura was arrested along with one country made pistol and in his confessional statement, he has stated that he got the said pistol from co-accused Saif @ Bihari. It is further submitted that when the police went to arrest co-accused Saif @ Bihari, it is alleged that the applicant opposed his arrest and caused obstruction in the official duty of the police.

On the other hand, learned A.G.A. submits that he has not received instructions in the matter as yet.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, let the applicant Sherkhan in the event of his arrest, be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like

NABAIL No. 248 of 2026

2

amount to the satisfaction of the Court concerned till 06.2.2026 with the following conditions :-

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted 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 him/her/them from disclosing such facts to the Court or to any police officer;

(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

(iv) The applicant shall not leave India without prior permission of the Court concerned.

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of the interim anticipatory bail granted to the applicant.

Put up this case as fresh on 06.2.2026.

In the meantime, learned AGA is directed to obtain instructions in the matter by the next date fixed.

(Jitendra Kumar Sinha,J.)

January 16, 2026

Madhurima

Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad