How to grant bail in following section of ipc

Neeraj Kumar Giri (Querist) 01 July 2014 This query is : Resolved
Dear Experts,
Kindly provide me your advice.
One person who is neighbor of the allege victim women & who is charged by a women in Police Station that he has disturb her while she was in her way to home, and he had tried to be vulgar with her. The Police Officer lodge an FIR and investigated the case and charged him under section 354, 506 of IPC. Now the alleged accused person had absconded and consulted a Lawyer for Bail,the bail petition was rejected in District & Session Court, and the Lawyer told him that he will appeal in higher court for his bail. I want to know that section 354 is non-bailable section and in this regard on what ground does the higher court will provide him bail. The High Court has direction for grant of bail to person apprehending arrest, under section 438 Cr.pc but before granting bail what are the material facts should be produce before Hon'rble Judge and does the presence of alleged accused is necessary.
How the Judge will know about the case, Is before granting bail the police have to submit the case diary before High Court.
Please specify in detail about granting of bail. Thank you.

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Nadeem Qureshi (Expert) 01 July 2014
Dear Querist
as per your queries my opinion are as under
1. What are the material facts should be produce before Hon'rble Judge and does the presence of alleged accused is necessary.
Opinion:- material facts are different as per the cases, presence of accused is not necessary.

2. How the Judge will know about the case, Is before granting bail the police have to submit the case diary before High Court.
Opinion:- filing The copy of FIR is mandatory with the Anticipatory bail petition, due to this reason the judge know the facts, apart from this the copies of AB Petition send no IO and complainant and both of them will present at the time of argument on AB along with the Public prosecutor.

Please specify in detail about granting of bail.
Opinion:- Granting or refusing the bail is sole discretion of the court.
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Sudhir Kumar, Advocate (Expert) 01 July 2014
agreed with Mr Qureshi

Dr J C Vashista (Expert) 01 July 2014
Athough Mr. Nadeem Qurishi has made an excellant attempt to address your query properly ( I agree) in the given circumstances, yet I am convinced that some vital information is missing in the post and prima facie the query is academic in nature.