In POSCO unfortunately there is presumption of guilt on the accused person and the burden of proof lies on him only to come out acquitted.

Getting bail in POSCO case is equally very difficult.

However if there is prima facie evidence in support of falsity of the case of false implication of your father in the case then he can get bail from high court.

But before applying for bail in high court do try your luck in sessions court only.

In such offence no separate issuance of warrant is required.The police for the sake of investigation can arrest the FIR named person.

Hello sir , it is advisable to apply for regular bail from the session court .. Also file for quashing of FIR under section 482 Crpc , since the investigation of the offence and medical of the minor was not done before arresting of accused

Dear Client,

Offense under POCSO Act, very stringent and special act to check child abuse. Arrest on same day of FIR is ordinary.

Secondly, ONUS is upon the accused in such cases to prove innocence otherwise court inference is - no minor will file false complain.

Non recording statement and Medical are cogent defense, if offense is committed with Major girl, but under POCSO, Police need to more careful while recording statement of the victim.

WELL, in Medical examination - procedure given u/s 164A required to be followed whether its minor or major, i.e with in 24 hours. on this ground, can apply for bail. And can also take ground of non recording of statement as according to SC --

Upon receipt of information relating to the commission of offense of rape, the Investigating Officer shall make immediate steps to take the victim to any Metropolitan/preferably Judicial Magistrate for the purpose of recording her statement under Sec 164 CrPC.

If there is any delay exceeding 24 hours in taking the victim to the Magistrate, the Investigating Officer should record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate....

Poor advise - bail can be file any time, nothing to do with charge sheet.

He must have presented in the court and court have send him on police remand.

Right of arrested person to meet an advocate of his choice during interrogation under sec. 41D and sec. 303 crpc.

Also held by SC - Medical Examination of the victim: Section 164 A Cr.P.C. inserted by Act 25 of 2005 in Cr.P.C. imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined. A copy of the report of such me...

Apply for bail on above grounds, and if he is brutally beaten than take aid under -

Arrested person have right to be medically examined (Sec 54,55A) the person who is arrested should be given the right to have his body examined by the medical officer when is produced before a magistrate or at any time under custody, with a view to enabling him to establish that the offence with which he is charged was not committed by him or that he was subjected to the physical torture. With the insertion of 55A, “it shall be duty of a person having custody of an accused to take reasonable care of the health and safety of the accused” and it attempt to take care of “custodial violence”( torture, rape, death in police custody/lock-up) to some extent.

Yes u can apply for bail and ask for police protection from the LD Court concerned

1. POSCO is a draconian Act enacted to prevent s*xual assault on children.

2. In such cases, police acts very fast for which the arrest with in 2 hours of lodging complaint is not unusual.

3. All you shall have top do now is to get him released on bail now and contest the on merit finding loopholes left by the prosecution.

4. Handle the case very carefully by engaging a lawyer having expertise in this field.

Firstly, there is no law which says that you can’t move a bail application if police don’t file the charge sheet.

Secondly, arrest warrant can be issued in 2 hours there is no bar to it.

Thirdly, just include a good reason for bail.

Reason can be discussed only on detail information from my side which would help you to get bail.

1. First of all you shall have to engage a local Advocate having expertise to handle this type of cases.

2. Thereafter, you shall have to apply for bail at appropriate time and it is too early to expect for charge sheet since the complaint has been lodged on 6.2.2018 only i.e. just three days before.

3. You have not mentioned as to when was he produced before the Court and what is the order passed by the Magistrate. Has he been remanded in police custody or jail custody?

4. When is the next date of hearing which usually comes after 14 days?

5.On the next date of hearing, ask for his jail custody since police custody is very uncomfortable.

6. Thereafter verify the FIR and apply for bail for the accused.

7. After some time, bail application should be filed if charge sheet is not filed with in 90 days from the date of registering the FIR.

8. If charge sheet is filed before that, apply for his bail since all investigation is over and thereafter contest the case fittingly detecting loopholes in charge sheet.

Yes, move to obtain a regular bail.

No need to wait till the time of filing of chargesheet.

If the allegations in the FIR are totally false and concocted, take you Chance to challenge the FIR in the High Court.

The High Court may show some indulgence and give some temporary relief to the suspect (your relative)

Under section 439 crpc you can seek bail both beofre and after submission of chargesheet.

If within the statutory time charge sheet is not submitted then he will get bail for sue.

Otherwise try your luck through sessions and then high court.

If he is remanded in judicial custody, file a bail petition before the special court, it may be mahila or Additional sessions court depending upon the place. In the bail petition, mention the weak and malicious grounds on which this FIR has been registered. Also, mention that the accused is the sole earning member, innocent and any other grounds which attracts the sympathy of the judge. Engaging a competent lawyer nearby your location shall be beneficial in this case to get him out of prison or unlawful police custody.

Without chargesheet you can file bail application and one who has guided you is not well versed in law. Secondly once FIR is registered you can move for bail as he is in custody. Move an application under 439 as these offences are triable by sessions. There may be possibilities that you may have to.approach high court for bail if it is rejected in sessions court.

Dear Sir,

In Karnataka most of such accused are being enlarged. Please see the following link and full judgment on the basis which accused may be released on regular bail on some conditions. Rest assured. Please call me.

https://indiankanoon.org/doc/75935251/

Hanamant S/O Sangappa Pujari vs The State Of Karnataka R/By Addl ... on 13 January, 2016

ORDER

a) Criminal Petition is hereby allowed.

b) Petitioner is ordered to be enlarged on bail in Spl. POCSO Case No.17/2015 on the file of II Addl. Sessions Judge, Vijayapura on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum and subject to following conditions:

i) Petitioner shall appear before the jurisdictional Court on all the dates of hearing without fail unless there are any exceptional circumstances;

ii) Petitioner shall not terrorize or tamper with the prosecution witnesses in any manner whatsoever;

iii) Petitioner shall not leave jurisdiction of Court without express permission;

In the event any of the conditions herein being violated, the prosecution would be at liberty to seek for cancellation of bail.

Sd/-

JUDGE sd/-

1) ordinarily, in such type of heinous crime, the accused does not deserve liberty during pendency of the trial,

2) However in present case no medical test of accused is done

3) no statement of witness Is recorded

4) apply for bail

Chhattisgarh High Court: The High Court decided a regular bail application recently in which the offender was a young man aged about 25 years and a first time offender. He was charged under S. 354 IPC and S. 8 of POCSO Act for outraging the modesty of a 17 years old minor girl during a wedding ceremony.

Considering the fact that he was in jail for 2 months and 17 days and he being a first time offender, Chandra Bhushan Bajpai, J. said he was inclined to give the accused-applicant the last opportunity so that he doesn’t commit any offence in future and lives peacefully in the society.

The Court went on to add to the list of conditions for granting bail that the applicant was directed not to communicate/contact in any of the manner with the prosecutrix, family members and witnesses cited in the charge-sheet directly or indirectly and if something of this sort happens, and the prosecutrix may report the said act to the trial Judge. [Deepak Nag v. State of Chhattisgarh, 2017 SCC OnLine Chh 925, decided on 16.8.2017]

The arrest and registration of FIR on the basis of mere complaint without investigating into the complaint is a serious look lapse.

You can file a bail application and put forth your arguments on the same basis.

Let him be enlarged on bail first after which you can challenge his case properly in the trial court.

You can very well file a bail application even before the chargesheet is filed

If the trial court rejects or dismisses the bail application, you may apply for the same before high court.

You can argue on the basis of merits in your side.

The offense for which your relative is charged is cognizable and non-bailable therefore police has the power to arrest immediately from the time of registration of FIR. You have stated that your relative was brutally beaten by the police, your relative could have lodged a complaint with the Judge before him he was produced after his arrest. The judge would have taken immediate action on the police and enquiry would been initiated against the police by the Judge. You have rock solid case for bail as no statement of the victim is recorded nor the girl is traceable if you are not charged with kidnapping. The bail application can be filed before charge sheet and also after charge sheet. There is no bar to bail before chargesheet. If the accused is in custody then the police are mandatorily required to file chargesheet within 60 days if the offense is punishable with less than 10 years & within 90 days if it is punishable with more than 10 years. Grounds for challenging the FIR would depend upon the content of the FIR. You must apply for bail first and thereafter make a complaint to superiors of the police authorities in writing against the police personnel who has beaten your relative in custody. if the inquiry is not initiated then file a petition before the high court for seeking direction to initiate an inquiry.

You need to file the bail application before the court of session court on the grounds of above mentioned facts.

Hello,

Charge sheet is not filed so early. Yes you will have to move to the court for getting the bail, however in all probabilities the lower court will dismiss the bail and thereafter you will have to file another bail application before the High Court.

Regards

You will have to share the copy of the FIR so that the grounds for challenging the FIR can be told to you.

Regards

If he is arrested you need to file bail application for the same. It's a cognisable offence and he can't arrest it may be a planned arrest but right now you need to just concentrate on his bail application.