...matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore...declined anticipatory bail.4. Thereafter, Respondent No. 1 approached the High Court and vide impugned Order dated 25-7-2022, the said Court granted him conditional anticipatory...heard learned counsel for the parties and gone through the record.7. The Special Judge, Sessions Division, Kalpetta, Wayanad, while declining to grant anticipatory bail as...

...(appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like Pocso and, therefore.... Learned ASG also submitted that a lengthy and detailed order being passed for granting anticipatory bail was not proper, as definite findings have been given on various aspects, which would.... 22. However, that being said, to clarify the position in law, interference in a matter where a person comes before the Court seeking anticipatory bail does not, and should...

...Jharkhand High Court directed the accused to deposit certain amount in court, as ad interim compensation to be paid to the victim as a condition for grant of anticipatory bail. It was a case for various crimes committed under IPC, POCSO Act and I.T...execution of sentence pending the appeal against conviction and release of appellant(s) on bail. The said provision mandates for recording of reasons in writing leading to the conclusion that the...convicts are entitled to get suspension of sentence and consequential release on bail. The said requirement thus indicates the legislative intention that the appellate Court invoking the power under Section...

...child, to which aspect also this Court has to give due consideration. We are informed that the Respondent was granted anticipatory bail by the Bombay High Court in Anticipatory Bail Application No. 1332 of 2024 on 13.06.2024 in connection with the POCSO case registered against him. We have also perused the said anticipatory bail order and the...anticipatory bail by the High Court. This element of POCSO case against the Respondent obviously has added an unpleasant dimension to the present proceeding and placed an onerous responsibility on the...Respondent under Sections 376, 376(2)(n), 323, 504 and 506 IPC and Sections 4, 5(l), 5(n) and 6 of the POCSO Act. Thereafter, on 22.05.2021, another FIR being FIR No.315 of 2021 came to be...

...and transmitted child pornographic material through his e-mail and social media account. Accordingly, a case was registered against him for the offences under Section 15(1) of POCSO and Section 67B of the IT Act, whereupon the accused therein preferred an Criminal Appeal Nos. 2161-2162 of 2024 Page 41 of 199 42 anticipatory bail application... a. Legislative History and Scheme of the POCSO. ................................................ 25 b. Relevant Provisions of the IT Act.... ..................................................................... 38 ii. Scope of Section 15 of the POCSO and Section 67B of the IT Act. ............ 40...

...or anticipatory bail should be listed immediately or not is a question within the administrative jurisdiction of the Chief Justice and we cannot give any direction in that behalf. But, we may point.../34, 366-A, 370, 370-A, 212, 120-B of the Penal Code, 1860, Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (“the Pocso Act”, for short) as..., charge-sheet in the case was filed on 20-4-2016 and the charges were framed on 6-8-2016.2. Pending trial, the respondent filed bail application before the learned...

...jurisdiction under Article 136 of the Constitution and set aside the bail granted to respondent no. 2 - accused.4. Learned Counsel for respondent no. 1-State.... 2 submits that the High Court passed the impugned order granting bail after hearing the respondent no. 2 - accused and the State. No new materials have been placed on record before this Court...judicial discretion in considering the question of granting of bail under Section 439(1) CrPC of the new Code. The overriding considerations in granting bail to which we adverted to earlier and which are...

...determined as per Section 94 of JJ Act at the stage of bail, and (ii) whether the presumption of culpable intent under Section 29 of the POCSO Act applies at that stage. After...Court frowned upon a rigid or formulaic approach to bail under the POCSO Act, stressing that decisions must be based on the specific facts and circumstances of each case...." The Court also discussed parameters of bail under the POCSO Act, holding that the nature and gravity of the offence, likelihood of conviction, chances of tampering with...

...future.15. It was further submitted that this Court should intervene and issue directions or guidelines on bail and anticipatory bail to ensure that courts impose only those...). The case was investigated and a charge sheet was filed. The accused filed an application under Section 438 of Code of Criminal Procedure, 1973 (hereafter “CrPC”) seeking pre-arrest bail. The High Court...purpose of granting bail and no other consideration.5. The appellants cite Kunal Kumar Tiwari v. State of Bihar...

...Petitioners to show that they are habitual offenders and every time the Petitioners or their family members get protection (anticipatory bail or stay of arrest) from either this Hon'ble Court or the..., the offence under Sections 376, 323, 354 (A) of the Penal Code, 1860 and Sections 7 and 8 of POCSO Act, 2012 is clearly not made out against the Petitioners. The allegations in the..., with regard to the allegations under Sections 7 and 8 of POCSO Act said to have committed against the daughter of the Complainant, it is submitted that this allegation is against the Accused No...

...the State or disposed of by the respective learned Courts. It is further submitted that in a case filed by a lady, accused No. 13 has been granted anticipatory bail by the learned Court and the lady who registered the FIR against accused No. 13 is herself facing an FIR under IPC and POCSO Act...M.R. Shah, J.:— Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Bombay dated 26.04.2022 passed in Writ...Investigation or to any other agency to investigate/re-investigate the FIR Nos. 119 of 2020 and 120 of 2020 registered at Vartak Nagar Police Station, Thane, the original writ petitioner - the victim has...

...crime, the respondent herein filed an anticipatory bail application before the Ld. Sessions Judge on 10.06.2019 and the same was rejected on 25.06.2019. The said order was challenged before the High...under Section 376AB of the Page 2 of 28 Indian Penal Code, 1860, Section 4 and 6 of POCSO Act, Section 3(1)(w) and 3(2)(v...under Section 482 Cr.P.C. as above, we will now refer to the object and purposes of the POCSO Act. Article 15 of the Constitution, inter alia confers powers upon the State to make special provisions for...

....(c) The private respondents, viz., Mr. Ryan Pinto, Dr. Augustine Francis Pinto and Mrs. Grace Pinto approached the Bombay High Court by filing Anticipatory Bail Application being Nos.... 1599 and 1608 of 2017 for grant of transit/anticipatory bail. Learned single Judge of the High Court of Judicature at Bombay, vide order dated 12.09.2017 in Anticipatory Bail Application No. 1599 of...2017 granted interim stay from arrest of these persons and the matter was posted for 13.09.2017 On coming to know about the filing of the above anticipatory bail applications, the appellant herein...

....Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with...and moreover every time the Petitioners or their family members gets protection (anticipatory bail or stay of arrest) from either this Hon'ble Court or the Hon'ble High Court, the local police...& Section 7, 8 of POCSO Act, 2012 was registered at P.S. Mahila Thana, District Saharanpur disclosed the glaring facts and there are serious allegations against the Accused Iqbal and other accused. The...

...Penal Code, 1860, Section 4 and 6 of POCSO Act, Section 3(1)(w) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 3 of the...knowledge about committing of an offence under the POCSO Act, to provide such information either to the Special Juvenile Police Unit or the local police remained silent and did not provide such...the aforesaid crime. 6. Apprehending arrest in connection with the said crime, the respondent herein filed an anticipatory bail application before the Ld. Sessions Judge...

.../Case No.01/20 u/s 376 (AB) 201/107/506 IPC r/w Sec 6 of POCSO Act was registered and was taken up by L/S.I.S. Nabam for investigation...was necessary to subject the victim for medical treatment. After the expiry of police remand they were remanded into judicial custody and were later released on bail by the Special Court Bomdila. The...left their home. Raids were conducted from time to time in almost all the houses of the relatives of JCWL, but his whereabouts was not known. The relative of JCWL had applied for anticipatory bail in...

...Offences Act, 2012 (for short 'the POCSO Act') read with Section 75 of the JJ Act and Sections 323, 504 and 506 read with Section 34 13..., re-numbered as CBI Case RC0352026S0003 for offences punishable under Section 10 of the POCSO Act, Section 75 of the JJ Act as well as Sections 323, 504, 506, and 34 of the IPC...to how the POCSO Act is used as a weapon to wreak vengeance and advised the legal fraternity to refrain parties from filing frivolous complaints, this Court, speaking through B. V. Nagarathna J...

...apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law." Feeling aggrieved and dissatisfied with the aforesaid, the appellants are before this...family members gets protection (anticipatory bail or stay of arrest) from either this Hon'ble Court or the Hon'ble High Court, the local police immediately registers false cases against them...) IPC & Section 7, 8 of POCSO Act, 2012 was registered at P.S. Mahila Thana, District Saharanpur disclosed the glaring facts and there are serious allegations against the Accused Iqbal and other...

...said FIR, the offence under Sections 376, 323, 354 (A) of the Indian Penal Code and Sections 7 and 8 of POCSO Act, 2012 is clearly not made out against the Petitioners. The...allegation. Lastly, with regard to the allegations under Sections 7 and 8 of POCSO Act said to have committed against the daughter of the Complainant, it is submitted that this allegation is...Petitioners or their family members get protection (anticipatory bail or stay of arrest) from either this Hon'ble Court or the Hon'ble High Court, the local Police immediately registers false cases against them...

...Dowry Prohibition Act, 1961 in which appellants have been granted bail. A Complaint Case No.443 of 2013 had also been filed under Sections 12, 17, 18, 19, 20, 21 and 22 of the Protection of...Women from Domestic Violence Act, 2005. Furthermore, Case No.134 of 2024 under Sections 326, 327, 323, 504, 506 and 354 IPC was filed by the complainant in which the appellants have obtained bail.... Complaint Case No.43/2024 XXX vs. Ishwar and ors. 65,74,352,351(3), 115 of BNS and section 3 & 4 of POCSO Act...