Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46366 of 2020 Applicant :- Santosh Kumar Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Santosh Kumar Pal seeking bail in Case Crime No. 157 of 2019, under Sections 376 IPC and 5/6 POCSO Act and 3(2)V SC/ST Act , P.S. Kishanpur, District Fatehpur.
Learned counsel for the applicant has submitted that the applicant has already been granted bail in the present case under section 354 Kha, 376 I.P.C. and section 3(1) (Chha), 3(1) (Gha) SC/ST Act and section 7/8 POCSO Act P.S. Kishanpur, District Fatehpur, however, subsequently section 3 (1) (Chha), 3(1) (Gha) SC/ST Act has been changed as section 3(2)V SC/ST Act and section 7/8 POCSO Act, has been changed as section 5/6 POCSO Act.
Learned counsel for the applicant has next submitted that earlier the applicant was granted bail by this Court in Criminal Misc. Bail Application No. 56575 of 2019 vide order dated 5.10.2020, however, since aforesaid sections has been changed as such the applicant could not be released from jail and now under the changed sections also the applicant be released on bail.
Keeping in view the earlier order passed by this Court by which the applicant has already been released on bail, let the applicant Santosh Kumar Pal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 6.1.2021 R