CASE REGISTERED US IPC 376 AND POCSO ACT - Chances of Bail at Trial Court level- Kindly suggest case laws-
Facts of case is as ubder
1- Date of admission of girl child in school - 08/02/2017 2- Date of assault as indicated in the FIR - 21/02/2017 3- Date of assault as indicated in statement - 23/02/2017 Recorded US 164 4- Medical examination conducted - 27/02/2017 5- FIR with Bhopal Police - 27/02/2017 OTHER FACTS 1- FIR filed by name, by confirming photo on WhatsApp. 2- Mother visited JP Hospital on 25/02/2017 and made complaint for pain in abdomen. No complaint for s*xual assault. Medical Officer also confirmed no s*xual assault till 25/02/2017. 3- Prior to filing FIR, mother along-with his so called family members approached school authorities and asked to reach at school on 26/02/2017 at 8.45 PM in the evening. Mother created scene at school, and other people tried to manhandle (accused) by saying that he had s*xually assaulted the child. 4- Mr. Anutosh Pratap Singh (accused) stunned with the charge and called police to resolve matter, and also filed complaint prior to their FIR. 5- Statements recorded U.S. 164 differs from the facts and dates as mentioned in the FIR. 6- Police took review of medical reports, and Medical officer confirmed that the assault was recent (within 24 Hrs). 7- The school was closed since 23/02/2017. And child not attended the school from 23/02/2017 to 27/02/2017 ( No question of assault at school) 8- CC TV recorded no incident and confirms absence of child from 23/02/2017 till date of FIR. 9- Test Identification tried three times, but complainant not participated and remained reluctant during the identification process. Recent attempt conducted on 14/04/2017 at Bhopal Central Jail. 10- Mr. (accused) surrendered on 28/02/2017, just after the FIR. Presently he is under judicial custody, and no bail application moved before any Hon’ble Court. Charge Sheet may be filed on 18/04/2017, and after that we shall move for granting bail before the court of Hon’ble, g Special Judge.
Kindly help in suggesting case laws to acquire bailo from the trial court.
