HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31760 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Sri Neeraj Kumar Sharma, learned A.G.A. submits that the notice of the present application has been served upon the informant/opposite party no.2 and the Child Welfare Committee, Kanpur Dehat/ opposite party no. 4 on 03.09.2026. The receiving endorsements produced by learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Heard Sri Manish Kumar Pandey, learned counsel for the applicant, and Sri Neeraj Kumar Sharma, learned A.G.A. for the State. Perused the material available on record. 3. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.174 of 2026, under Sections 87 B.N.S. and 5j(ii)/6 POCSO Act, Police Station- Shivali, District- Kanpur Dehat, during the pendency of trial. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. Earlier the applicant was granted bail under Sections 137(2), 65(1) B.N.S., 3/4(2) POCSO Act and 3/5(I) of Religious Conversion Act by this Court vide order dated 06.08.2026. After investigation, Sections 87 B.N.S. and 5j(ii)/6 POCSO Act have been added. The incident is alleged to have occurred on 4.5.2026, whereas the first information report Versus Counsel for Applicant(s) : Devi Prasad Tripathi, Manish Kumar Pandey Counsel for Opposite Party(s) : G.A. Chandu Mansoori Alias Chand .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) was lodged on 14.5.2026. The inordinate delay in lodging the first information report is fatal to the prosecution case. The victim is a major. Further, the victim in her statement recorded under Section 183 B.N.S.S. has stated that she left her house on 4.4.2026 and went to Delhi by bus because her mother's second husband refused to keep her with him and drove her out of the house. On 5.4.2026, she returned from Delhi to her mother's place, but he again turned her out of the house. Then she went to applicant's house, solemnized marriage with him in a temple and stayed with him for 11-12 days. There is no allegation of any forceful assault against the applicant. The applicant is in jail since 14.5.2026 having no criminal antecedents and in case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the first information report has been lodged with inordinate delay. As per the statement of the victim under Section 183 B.N.S.S., she had gone to the applicant's house voluntarily and stayed with him. There is no allegation of any forceful assault against the applicant. Moreover, the applicant has no criminal antecedents and has remained confined for more than four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Chandu Mansoori Alias Chand, involved in the aforesaid case, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; BAIL No. 31760 of 2026 2 (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 30, 2026 SKT/- BAIL No. 31760 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad