Lavesh Yadav Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Lavesh Yadav Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to Lavesh Yadav on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with evidence; (ii) not to indulge in any criminal activity; (iii) not to pressurize/intimidate prosecution witnesses and to cooperate in the trial; (iv) to appear regularly on each and every date fixed by the trial court unless personal appearance is exempted through counsel; breach entitles the court below to cancel bail.

Issue for consideration

Whether accused-applicant Lavesh Yadav, involved in Case Crime No. 162 of 2024 under Sections 85, 103 (1), 238, 3 (5) BNS, Police Station Sahayal, District Auraiya, is entitled to be enlarged on bail.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but without commenting on the merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicant Lavesh Yadav is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions.

Key takeaways

In the event of breach of any of the bail conditions, the court below will be at liberty to proceed to cancel the bail.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.; Neutral Citation 2025:AHC:109664; Order dated 8.7.2025) allowed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 moved by Lavesh Yadav, accused in Case Crime No. 162 of 2024 under Sections 85, 103 (1), 238, 3 (5) BNS, Police Station Sahayal, District Auraiya, who was in custody since 22.11.2024. Parity was urged on the ground that identically placed co-accused Pintu @ Ram Mohan had already been enlarged on bail by a coordinate Bench by order dated 27.05.2025 in Criminal Misc. Bail Application No. 17289 of 2025; the learned AGA opposed the prayer. Considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, and expressly without commenting on the merits, the Court directed release on a personal bond with two reliable sureties each, subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses, cooperation in trial and regular appearance before the trial court), with liberty to the court below to cancel bail on breach of any condition.

Neutral Citation No. - 2025:AHC:109664

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19324 of 2025

Applicant :- Lavesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Nasira Adil Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Nasira Adil, learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Lavesh Yadav, seeking enlargement on bail in Case Crime No. 162 of 2024, under Sections 85, 103 (1), 238, 3 (5) BNS, Police Station- Sahayal, District- Auraiya.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 22.11.2024. It is submitted that similarly placed co-accused, Pintu @ Ram Mohan, has already been enlarged on bail of by coordinate Bench of this Court by order dated 27.05.2025 passed in Criminal Misc. Bail Application No. 17289 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Pintu @ Ram Mohan, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has no criminal antecedent 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.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Lavesh Yadav involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. 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.

Order Date :- 8.7.2025

v.k.updh.

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad