NAYEEM Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the applicant, Sri J.P. Mishra, for the informant, learned A.G.A. for the State and perused the material on record. Supplementary affidavit filed by the applicant, is taken on record.

(2.) The present bail application has been filed by the applicant in case crime No.430 of 2016, under Sections 326, 354 IPC and 7/8 of POCSO Act, Police Station Shahpur District Muzaffar Nagar with a prayer to enlarge him on bail.

(3.) Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted by counsel for the applicant that co-accused Istikar @ Istkhar has already been enlarged on bail by coordinate Bench of this Court vide order dated 8.5.2019 passed in Criminal Misc. Bail Application No.36738 of 2018. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Lastly, it is submitted that the applicant is in jail since 29.9.2018. It is further submitted that the applicant has no previous criminal history.