Hello,

Granting a Bail is a very complicated issue and depends upon various factors like gravity of offence, availability of evidences, age of victim and accused, merit in allegation etc.

In cases of penetrative sexual assault the court does not grant bail in POCSO cases. However, if you are able to make a case of false implication through documents court may grant bail. Bail can also be argued if the elements of the crime are missing in the FIR.

Also please tell me if the bail has been rejected by the lower court and you have also moved to High Court for bail or not??

Regards

analysing the facts and circumstances of the case, keeping in view the commission of non-bailable and cognizable offences under the POCSO Act for which the punishment may extend to imprisonment for life, this Court rejected the application and held that in such circumstances, bail cannot be granted. [Lonkaran Chothmalji Parmar v. State of Maharashtra, 2016 SCC OnLine Bom 9851,

1.Though the offence is non bailable but that does not mean that he is not entitled to bail.

2. Gnerally in such offences the court does not gant tillthe submission of charg sheet.

3.So once the charge sheet is submitted he is expected to get bail.

4.Since I do not know the content of FIR I can not comment on the merit of the bail petition at this stage.

He can get bail from high court after the charge sheet is filed before the court for the offences he has been remanded

Let him wait for filing bail application before high court till the charge sheet is filed.