Lavkush Vs State of U.P. and Another

The instant anticipatory bail application has been filed by applicant to grant anticipatory bail in Case Crime No. 396 of 2025, under Sections 191(2), 191(3), 190, 115(2), 125, 109, 121(1), 132 of BNS and Section 7 Criminal Law (Amendment) Act, 1932 and 3 Prevention of Damage to Public Property Act, 1984, P.S.- Mahua Kheda, District- Aligarh.

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It is contended by learned counsel for accused applicant that the accused-applicant is not named in the F.I.R. Eight persons were named in the F.I.R. dated 29.10.2025 has disclosed the name of the accusedapplicant. The allegation in the F.I.R. is that the Nagar Palika Team when visited the spot for removing the encroachment, have been roughed up by the group of nearly 40 persons, including the accused-applicant, whose name has been figured out during the investigation. Further submits that the charge sheet is submitted against some of the accused, whereas the investigation is still continuing against the accused-applicant. The other co-accused, who have not been named in the F.I.R. and even named in the F.I.R. have been granted anticipatory bail by the coordinate Bench of this Court. He has no criminal history. The accused-applicant is apprehending arrest and wants to join the investigation, hence, seeks anticipatory bail of this Court.

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NABAIL No. 3868 of 2026

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

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The scope of ambit of anticipatory bail is encapsulated in three insightful judgments of Hon’ble Supreme Court right from Gurubaksh Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565 , Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in (2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of Delhi) and another reported in (2020) 5 SCC 1 , wherein it is consistently held by Hon’ble Apex Court that while granting anticipatory bail, the Court should considering the application of the applicant to evaluate the threat or apprehension of arrest vis-a-vis the nature and gravity of accusation, criminal antecedent of the accused, false or exaggerated implication, need of custodial interrogation, willingness of the accused to cooperate in investigation and trial and the conduct of the accused and flight risk.

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This Court while considering the accused-applicant is not named in the F.I.R. and the similarly situated persons have already been granted anticipatory bail and further considering the gravity of accusation and apprehension of arrest in the case vis-a-vis low flight risk and assurance of the accused in cooperating with the investigation and trial, is of considered view to grant anticipatory bail.

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The applicant- Lavkush involved in the aforesaid case crime shall appear before the trial court or the Investigating Officer, as the case may be within 30 days from the date of this order and shall be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with following conditions :-

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(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.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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NABAIL No. 3868 of 2026

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(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS.

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(iv) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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10. The below mentioned directions shall be complied with for expeditious disposal of trial; in case charge sheet is submitted against accused/applicant.

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10.1 As the investigation is continuing, in the event charge sheet is submitted and cognizance is taken, it would be the duty of the accused/applicant to appear before the trial court or Magistrate concerned as the case may be without waiting for the issuance of summons, within 60 days from the date of cognizance or on the date fixed, which ever is earlier. So that the trial may not be delayed for non execution of summons or processes.

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10.2 The District Judge concerned shall direct each Magistrate and Special courts to maintain a register of Anticipatory Bail orders granted by this Court, wherein the details of Anticipatory Bail shall be entered. The dedicated official shall be nominated in each Special court and Magistrate court for maintaining the register.

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10.3 The accused/applicant shall provide a copy of the final order of anticipatory bail within 30 days, to the official concerned in whose

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NABAIL No. 3868 of 2026

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jurisdiction the case lies and shall provide his complete contact details including the mobile number and E-mail ID (if maintained); any change in detail shall be informed by the applicant.

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10.4 On the submission of charge sheet and cognizance taken, the Presiding Officer shall fetch the details of the accused/applicant and the dedicated official shall inform the accused at the given detail.

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(Avnish Saxena,J.)

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April 23, 2026

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Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Lavkush v. State of U.P. and Another

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Lavkush v. State of U.P. and Another

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