Lavkush Yadav Vs State of U.P.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.62 of 2026, under Sections 8/20/29/60 N.D.P.S. Act, Police Station- Raipur, District- Sonbhadra.

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The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He contends that the applicant was arrested while supposedly carrying 24.500 kilograms of Ganja in a sack tied to the back of his motor cycle which was allegedly being driven by him. The Learned counsel for the applicant further contends that the similarly situated co-accused viz . Ranjeet Yadav, who was supposedly driving carrying 24.500 kilograms of Ganja and was arrested at the same time when the applicant is said to have been arrested, has been granted regular bail by this Court vide its order dated 5.5.2026 passed in Criminal Misc. Bail Application No. 15074 of 2026 ( Ranjeet Yadav Vs. State of U.P. ) . The case of the applicant is at par with that of the coaccused. He further contends that mandatory provision of Section 52A of the N.D.P.S. Act have not been complied with. He further contends that the recoveries effected from the three separate vehicles were improperly mixed together in contravention of the prescribed procedure for drawing samples and preserving the seized contraband. The applicant has no criminal antecedents and he is in jail since 09.04.2026.

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BAIL No. 15137 of 2026

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2

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The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail, however, could not dispute the fact that similarly situated co-accused Ranjit Yaday, who was arrested along with the applicant supposedly carrying 24.400 kilograms of Ganja in the dickey of his vehicle, has already been enlarged on bail by this Court.

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I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record.

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A perusal of the First Information Report indicates that separate recoveries were made from three separate vehicles. After the recoveries were made, a homogeneous mixture was prepared by drawing samples from the recoveries, which was done without the presence of a Magistrate as is mandatory under Section 52A of the NDPS Act.

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Taking into account all the facts and circumstances of the case, as also the fact that similarly situated co-accused Ranjit Yadav has been granted bail by this Court, prima facie , a case for bail is made out.

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The bail application is allowed.

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Let the accused-applicant- Lavkush 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:

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i. The applicant will not tamper with the evidence.

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

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

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned.

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BAIL No. 15137 of 2026

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3

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case.

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(Rajiv Lochan Shukla,J.)

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May 12, 2026

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Sachin

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad

Lavkush Yadav v. State of U.P.

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Lavkush Yadav v. State of U.P.

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