Regular bail

shyam lal (Querist) 29 January 2024 This query is : Resolved
In a pocso case with 11 FIR/charge sheet filed by the police.. the accused is in judictial custody for past 5.months and now if a bail application is moved and the public prosecutor does not. oppose the application for regular bail.Trial yet not started ..
Query would the court grant bail ?

Charges as Under Act(S) Under Section(S)
Protection Of Children From Sexual Offences Act
6,10,21
INDIAN PENAL CODE 354,376(2)(D)(K)(L)
Persons With Disabilities (Equal Opportunities Protection Of Rights And Full Participation) Rules 92(D)

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This discussion concerns a bail application for an accused individual in a POCSO case, who has been in judicial custody for five months. Despite the public prosecutor not opposing the bail application, the severity of the charges under the POCSO Act and IPC raises doubts about whether the court will grant bail. The final decision rests with the presiding judicial officer, who has discretion in such matters.

T. Kalaiselvan, Advocate (Expert) 30 January 2024
Grant of bail is the discretion of the judicial presiding officer of that court concerned especially in the cases of POCSO offences.
The accused however is not restricted from applying for regular bail.

Advocate Bhartesh goyal (Expert) 30 January 2024
Though granting of bail is at discretion of court, but looking on the charges leveled on accused there is no chances of bail.

shyam lal (Querist) 31 January 2024
Expert Kalaiselvan..agreed.

shyam lal (Querist) 31 January 2024
Expert Goyal .i am following the story .would let you know the out come inrespect to bail..

T. Kalaiselvan, Advocate (Expert) 31 January 2024
Yes, you may follow it up through regular procedures.

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