HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29499 of 2026 Court No. - 68 (Sr. No.31 out of 114) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned State Law Officer has informed that notice to the informant has been served on 10.9.2026. 2. Heard Sri Hari Om Sharan Tiwari, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.184 of 2026, under Sections 137(2), 87, 352, 351(3) BNS and Section 7/8 POCSO Act, Police Station Kotwali Chunar, District Mirzapur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. There is no allegation of any untoward incident committed with the victim and she seems to be a consenting party as she had travelled with the applicant in train. The victim by her looks seems to be major. The applicant has no criminal history and is in jail since 7.5.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned State Law Officer has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. Versus Counsel for Applicant(s) : Abhishek Kumar Mishra, Hari Om Sharan Tiwari Counsel for Opposite Party(s) : G.A. Raj Gupta .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR coupled with the fact that victim seems to be a consenting party as she had not raised any alarm whatsoever during the said sojourn, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Raj Gupta, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 17, 2026 Vikas Verma BAIL No. 29499 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad