Ashu Sharma Alias Avinash Bharadwaj vs State of U.P. — Anticipatory Bail | Allahabad HC (2026)

Ashu Sharma Alias Avinash Bharadwaj vs State of U.P. — Anticipatory Bail | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted to the applicant in the event of arrest in case crime No. 07 of 2026, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer, subject to conditions (i)-(v); prosecution at liberty to seek cancellation on breach of conditions; matter to be put up as fresh on 27.04.2026 (final consideration deferred).

Issue for consideration

Whether the applicant, who is not named in the FIR in case crime No. 07 of 2026 under Sections 310(3), 109(1), 324(4), 317(3) BNS, should be released on interim anticipatory bail in the event of arrest.

Court's answer

Taking into account that the applicant is not named in the FIR, the applicant shall be released on interim anticipatory bail in the event of arrest, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned.

Ratio / Principle

The interim anticipatory bail is made subject to conditions, including that the applicant shall not tamper with evidence and shall appear before the trial Court on dates fixed unless exempted, shall not induce, threaten or promise any person acquainted with the facts to dissuade disclosure, shall cooperate during trial and not misuse the liberty of bail, shall not leave India without prior permission of the Court concerned, and shall not pressurize or intimidate prosecution witnesses.

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 granted to the applicant.ratio¶¶21

Detailed headnote1 paragraphs

Anticipatory Bail – S. 482 BNSS – Applicant not named in FIR – Interim anticipatory bail granted in case crime No. 07 of 2026 under Sections 310(3), 109(1), 324(4), 317(3) BNS, P.S. Kotwali Dehat, District Bulandshahar – Release in the event of arrest on personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer – Conditions imposed (no tampering with evidence; appearance before trial Court unless exempted; no inducement, threat or promise to dissuade disclosure; cooperation during trial and no misuse of liberty; no leaving India without prior permission; no pressurizing/intimidating prosecution witnesses) – Prosecution at liberty to apply for cancellation on default of conditions – Matter to be listed fresh on 27.04.2026 (Allahabad High Court, Rajiv Lochan Shukla, J., order dated April 3, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3220 of 2026

Ashu Sharma Alias Avinash Bharadwaj

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s) Counsel for Applicant(s) : Ardhendu Shekhar Sharma, Ram Babu Sharma Counsel for Opposite Party(s) : G.A.

Court No. - 72

HON'BLE RAJIV LOCHAN SHUKLA, J.

Vakalatnama filed by Shri Ambreen Masroor and Shri Sadrul Islam Jafri, Learned counsels for the informant is taken on record.

Learned AGA states that he has not received instructions, as yet.

Put up as fresh on 27.04.2026.

Taking into account the fact that the applicant is not named in the FIR, till the next date of listing, in the event of arrest of the applicant- Ashu Sharma Alias Avinash Bharadwaj , involved in the case crime No.07 of 2026 under Sections 310(3), 109(1), 324(4), 317(3) BNS, P.S. Kotwali Dehat, District Bulandshahar, he shall be released on interim anticipatory bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned 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;

NABAIL No. 3220 of 2026

2

(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.

(v) The applicant shall not pressurize/intimidate the prosecution witness;

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

This order has been passed in the presence of Shri N.I. Jafri, Learned Senior Advocate assisted by Shri Gufran Ahmad Khan, Advocate.

(Rajiv Lochan Shukla,J.)

April 3, 2026

A. Pandey

Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad