Allahabad High Court
LAVKUSHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, Lavkush, subject to bond and surety conditions.
Summary
Lavkush applied for bail in a criminal case (Crime No. 179 of 2026) involving alleged offences under the BNS Act, the POCSO Act and the Rights of Persons with Disabilities Act. He contended that he was falsely implicated, was not the driver of the vehicle, and that the only allegation was a minor touch on the victim's shoulder, which he argued did not justify continued detention. The court noted his lack of prior criminal record, the limited role attributed to him by the victim, and the time already spent in custody since 2 August 2026. Considering the nature and severity of the charges, the court found no compelling reason to keep him detained during trial. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial for offences under the BNS Act, POCSO Act and Rights of Persons with Disabilities Act given the alleged facts and the accused's background.
Legislation cited
- BNS Act — s. 351(2), 74, 78
- Protection of Children from Sexual Offences (POCSO) Act — s. 10, 9(k)(1)(f)
- Rights of Persons with Disabilities Act — s. 92(b), 92(c)
Subjects
- bail
- criminal procedure
- false implication
- POCSO
- disability rights
- pre‑trial detention
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34141 of 2026
Lavkush
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kant Dubey, Santosh Kumar
Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 22 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the
informant has been served on 17.09.2026 but none is present on behalf of the
informant.
2. Heard Sri Krishna Kant Dubey, learned counsel for the applicant and Sri
V.K.S. Parmar, learned A.G.A. for the State and also perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 179 of 2026, under Sections 74,
351(2), 78 of BNS, Sections 9(k)(1)(f)/10 of POCSO Act and Sections
92(b), 92(c) of Rights of Persons with Disabilities Act, Police Station -
Knowledge Park, District - Gautam Buddha Nagar, during the pendency of
trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the matter. It is contended that the applicant is not the
driver of the said vehicle. There is no evidence against the applicant. Even
the victim has alleged that the applicant touched her shoulder, which does
not warrant prolonged custodial detention. The applicant has no criminal
history and is in jail since 02.08.2026.
5. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, nature of offence, severity of punishment and
also considering the limited nature of the role attributed to the applicant by
the victim, the absence of any prior criminal antecedents, and the period of
BAIL No. 34141 of 2026
2
incarceration already undergone, this Court prima facie finds it a fit case to
release the applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Lavkush,
be released on bail on furnishing a personal bond and two sureties to the
satisfaction of the court concerned, subject to verification of sureties, with
the conditions that he shall not tamper with evidence or intimidate witnesses
and shall appear before the trial court as required.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 24, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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