MANOJ MISRA, J. - (1.) HEARD learned counsel for the applicant and the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant in Case Crime No. 1013 of 2013, under Sections 363, 366, 376 IPC and Section 3/4 of Pocso Act, Police Station Risiya, District Bahraich with the prayer to enlarge him on bail.
(2.) THE submission of the learned counsel for the applicant is that the First Information Report has been lodged alleging that Faizu with the help of others enticed away her daughter. It has been submitted that the complicity of the applicant has later come in the statement of the victim. It has been submitted that upon reading her statement as a whole it appears that she had been taken to Punjab by Nafees and nobody else accompanied her. It has also been alleged in the statement that mother and father of Nafees as well as Nafees were planning to sell off the victim.
(3.) IT has been submitted that the facts and circumstances of the case suggest that Nafees was involved in the crime whereas the applicant has been falsely implicated. It has also been submitted that co -accused Vinod Kumar and Bhujau have been granted bail by this Court vide orders dated 27.11.2014 and 04.12.2014 passed in Bail Nos.6903 of 2014 and 7015 of 2014 respectively. It has next been submitted that the applicant is innocent with no criminal history. It has lastly been submitted that the applicant is in jail since 01.11.2014 and in case he is enlarged on bail, he will not misuse the liberty of bail. Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.;