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2025 DAILYLAW 69858 (ALL)

LAVKUSH v. STATE OF U.P.

BAIL/22924/2025 · 2025-07-09

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110403 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22924 of 2025 Applicant :- Lavkush Opposite Party :- State of U.P. Counsel for Applicant :- Ram Swaroop (Singh),Shivakant Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Shivakant Singh, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.43 of 2025, under Sections 236(g), 324(5), 352 BNS, Police Station- Mataundh, District Banda. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR and he has been falsely implicated in the instant case. He further submitted that the allegation against the applicant is that he set fire to the shop of the first informant but from perusal of the statement of first informant as well as other witnesses, it is clear that no one saw the applicant at the time of setting the fire and merely on the basis of apprehension that he was seen running while shop of the first informant was burning. The applicant has no criminal history and charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 18.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Lavkush involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad