HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30171 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Jagdish Prasad Yadav, Advocate holding brief of Sri Dinesh Singh Yadav, learned counsel for the informant and Sri Manoj Gautam, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 31 of 2026, under Sections 137(2), 87, 65(1) B.N.S., Section 5L/6 POCSO Act, and Section 3(2)(v) SC/ST Act, Police Station- Reotipur, District- Ghazipur, during the pendency of the trial. 4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 23.03.2026, whereas the first information report was lodged on 27.03.2026. The delay in lodging the first information report is fatal to the prosecution case. The victim is a major. The age of the victim was incorrectly got registered in the school records by the victim's parents to give her advantage in life. There is no lawful basis for the age related entry of the victim in the school records disclosing her age and the entries made are unbelievable. Further, as per the report of the Medical Board dated 01.04.2026, the victim was found aged 17 to 18 years. It is next contended that the victim, in her statements recorded under Sections 180 and 183 of the B.N.S.S., had stated that she voluntarily left her house, solemnized marriage with the applicant, and established relations with him. There is no allegation of any forceful assault against the applicant. It is next contended that the essential ingredients to attract the provisions of SC/ST Act are not made out. The applicant is in jail since 31.03.2026 having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions Versus Counsel for Applicant(s) : Rishi Kant Rai, Shashank Shekhar Rai Counsel for Opposite Party(s) : Dinesh Singh Yadav, G.A., Prabha Vineet Kumar Alias Vitak .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 belatedly. The victim in her statement recorded under Sections 180 and 183 B.N.S.S. had stated that she voluntarily left her house, solemnized marriage with the applicant, and established relations with him. There is no allegation of any forceful assault against the applicant. At this stage, there is no corroborative evidence to link the applicant with the offence. Further, the applicant has remained confined for more than six months and after submission of charge sheet 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant, Vineet Kumar alias Vitak involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 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. October 6, 2026 Abhishek BAIL No. 30171 of 2026 2 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad