Allahabad High Court
LAVKUSH YADAVversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that the applicant had made out a case for bail and therefore granted bail subject to conditions.
Summary
Lavkush Yadav applied for bail in a criminal case (Crime No. 356 of 2025) under IPC sections 126(2), 310(2) and 317(3). He claimed innocence, stating that the FIR originally named five unknown persons and that the money recovered from him was his own. The charge sheet was filed on 27‑01‑2026 and cognizance taken on 18‑02‑2026. The State opposed bail but did not dispute the facts. Considering the nature of the offences, the evidence, and the applicant’s lack of flight risk, the court found that he had made out a case for bail and ordered his release on personal bond and sureties with conditions to prevent tampering, intimidation, and further criminal activity.
Issues considered
- Whether the accused is entitled to bail pending trial for offences under IPC sections 126(2), 310(2) and 317(3).
- Whether the nature of the alleged offences and the risk of evidence tampering or flight justify denial of bail.
Legislation cited
- Indian Penal Code — s. 126, 310, 317
Subjects
- bail
- IPC 126
- IPC 310
- IPC 317
- false implication
- evidence tampering
- flight risk
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9115 of 2026
Lavkush Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amaresh Yadava, Angad Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant and Shri Puneet Kumar Singh,
learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Lavkush
Yadav, with a prayer to enlarge him on bail in Case Crime No. 356 of
2025, under Sections 126 (2), 310 (2), 317 (3) BNS, Police Station-
Parsurampur, District-Basti, during pendency of trial.
Learned counsel for the applicant submits that the accused applicant is
innocent. He has been falsely implicated in the present case and is
languishing in jail since 23.11.2025. Learned counsel for the applicant
submits that first information report was lodged against five unknown
persons with the allegation that on the date of incident his brother namely
Chandrika Prasad Jaiswal along with his friend namely Pawan Verma
were going to Ayodhya. In the way near Bichhnaiya Taal, five unknown
persons stopped them and looted the Motor cycle, Rs. 8500/ cash, and
three mobile phones. The recovery of Rs. 55,000/- shown from the
possession of the applicant was of his own which was given by his father.
Learned counsel for the applicant after arguing at some length submits
that in the present case charge sheet has been filed on 27.01.2026,
cognizance has been taken on 18.02.2026 and there is no need of further
custodial interrogation of the applicant. Criminal antecedents of two cases
has been properly explained and there is no likelihood of his fleeing from
course of justice or tampering with evidence in case of release on bail.
Hence, bail has been prayed for.
BAIL No. 9115 of 2026
2
Per contra, learned A.G.A. has opposed the bail prayer of the applicant
but could not dispute the aforesaid facts.
Considering the nature of the offence, material/evidence brought on
record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of
the view that the applicant has made out a case for bail. The bail
application is allowed.
Let the applicant-Lavkush Yadav, involved in aforesaid case crime be
released on bail on his furnishing a personal bond and two local sureties
each of the like amount to the satisfaction of the court concerned, subject
to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
May 6, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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