Learned counsel for the applicant submitted that present bail application is in added section under Section 5/6 POCSO Act, Police Station Chauri Chaura, District Gorakhpur. Earlier the applicant was granted bail under Sections 366, 376, 506 I.P.C. and Section 3/4 POCSO Act, Police Station Chauri Chaura, District Gorakhpur. Investigating Officer submitted charge sheet under Sections 363, 366, 376 I.P.C. and Section 5/6 POCSO Act instead of Section 3/4 POCSO Act. Counsel for the applicant moved an application under Section 5/6 POCSO Act before the court below in added sections but the same was rejected. It is further submitted that since the applicant has been earlier granted bail by this Court vide order dated 03.09.2020 under Sections 363, 366, 376, 506 I.P.C. and Section 3/4 POCSO Act, Police Station Chauri Chaura, District Gorakhpur now at present bail is under Section 5/6 POCSO Act which has been added by Investigating Officer and applicant should be granted bail under the added sections, since the applicant has already been enlarged on bail under the aforesaid Sections, therefore, there is no need to keep the present bail application pending in added section. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 16.02.2020.
