File another bail application before higher court. What is the age of brother and the girl.

Your query reveals that

Your brother is in judicial custody in offence u/s 354 IPC and 11/12 Pocso

Bail at session court is rejected.

You have cogent evidence which reveals that you brother is not involved in the alleged Offences.

He have been falsely implicated by police.

Considering that you have cogent evidence in favour of your brother which make primafacie case for bail then you should file application for bail again after statements under section 164 CrPC.

Apply for bail on next date

2) If application is rejected seek bail from HC

3) wait for Police investigations to be completed and charge sheet filed

Dear Client,

Merely following a teenage girl, how come posco attracted ?

Whats was he doing in those 10 mins ? Whats in FIR.

Sir prefer the bail application before the High court, let IO record the statements and check the cctv footage and include that in the charge sheet.

Sir if your brother is not present then why the girl child has taken name of brother under posco ?? this question has to be satisfied before court high court for bail. the analogy has to be drawn. any previous connection with the girl, family dispute anything??

Dear,

Please explain full case and FIR . 10 min they are only following or did

something with girl.

Dear Madam/Sir,

Try to file settle the matter with the parents of the girl. Secondly directly chanllange the same. Hire a high profile advocate as it involves the future of your brother. You will succeed. The judgment is as follows.

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THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (“POCSO”) 2012

32. Ravinder Kumar v. State 2014 (2) JCC 1210 MUKTA GUPTA, J.

Petitioner has file the petition in the instant case to quash the FIR which was registered under Sections 354/451/323/34 I.P.C. & Section 12 of POCSO Act on the ground that parties have settled the matter. Victim‟s father on his behalf and on behalf of minor stated that the matter has been settled between the parties as per the deed of settlement dated 31st March, 2014. The settlement has been arrived of their own free will, volition, without coercion and seeing the overall welfare and interest of the minor. As the Petitioner has undertaken to abide by the terms of settlement, Victim‟s father and the complainant do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Court held that In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

At this stage you cannot place your evidence at this stage granting bail he is discretion power of the court and you can place your evidence during the course of trial

First of all offences under the pocso act are non bailable offences.The punishment under the pocso act varies from 3 yr to 5 yr with fine.

the chances of bail in case of non bailable offences the legislature has left the discretion to grant or not to grant the bail with the judicial magistrate.It is only the magistrate who will examine the facts nd circumstances of that particular case to decide whether the should be granted or not.

If the bail application has been dismissed, you may file the application before the higher court once again after a gap of one week.

Constantly Following Or Watching A Child With Bad Intention Is Offence Under POCSO Act: .the chances of bail is depend on the severe fact of the case whether prima facie it reveals the accused or not.

where there are certain evidence and witnesses on the part of the complainant but all are falsely made then you can strongly counter it back during the time of evidence stage.

the court will also see if there is any past criminal record of the accused or not.

the court will also take into consideration if the accused is the sole earner.