BAIL/29147/2026 of AMAN KUMAR @ GOLU Vs STATE OF U.P. AND 3 OTHERS on 7 October 2026

1. Learned A.G.A. on the basis of instructions submits that notice of the present application has been served upon the informant- opposite party no. 2 and the Child Welfare Committee, Mirzapur- opposite party no. 4 on 17.08.2026. The receiving endorsements produced by the 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 learned counsel for the applicant and Sri Manoj Gautam, learned A.G.A. for the State-opposite party.

3. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 117 of 2026, under Sections 137(2), 352, 351(3), 87, 115(2), 64(1) B.N.S. 2023 and 3, 4 POCSO Act, 2012, Police Station Jigna, District Mirzapur during the pendency of the trial.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 12.05.2026, whereas the first information report was lodged on 28.05.2026. The inordinate delay in lodging the first information report is fatal to the prosecution case. The victim is a major. The age of the victim Versus Counsel for Applicant(s) : Naveen Pandey, Praveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Aman Kumar @ Golu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)

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, placing reliance upon the statements of the victim under Sections 180 and 183 B.N.S.S. it is contended that the victim had accompanied the applicant to Allahabad, solemnized marriage with him and thereafter gone to Mumbai by train. The victim was present at public places. She did not raise any alarm nor did she resist the applicant. Her conduct shows that she was a consenting party. At this stage there is no corroborative evidence to link the applicant with the offence. The applicant is in jail since 28.05.2026 and if he is released on bail, he will not misuse the said liberty.

5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the first information report has been lodged belatedly. As per the statements of the victim under Sections 180 and 183 B.N.S.S., the victim had accompanied the applicant to Allahabad, solemnized marriage with him and thereafter gone to Mumbai by train. The victim was present at public places. She did not raise any alarm nor did she resist the applicant. At this stage there is no corroborative evidence to link the applicant with the offence. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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- Aman Kumar @ Golu, involved in the aforesaid case, be released on bail on his furnishing a personal BAIL No. 29147 of 2026

bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(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. October 8, 2026 SKT/- BAIL No. 29147 of 2026

(Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad