Lavkush Yadav vs State Of U.P.

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.

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/