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Advice on preventing accused from getting bail in sexual offence case
22-Dec-2025 (In Criminal Law)
In a criminal case under BNS 64, 115(2), 123, 127(2), 351(3), 352, the Sessions Court has rejected bail. I want to understand:
Can the accused still get bail in High Court?
What are the chances of High Court rejecting bail for these sections?
If I, as a victim, oppose bail, how does it affect the chances of rejection?
If I request speedy trial in High Court, will it influence the bail decision?
I’m asking from a victim’s perspective
yes you can go bail because your offences depend upon the situation in which year comes tenses the BNS on you so with the help of your evidence you can got definitely bail providers detail of your case history
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Adv. Saurabh Mani
Adv. Saurabh Mani
Mau | 100+ Answers
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Bail is a Right, High Court can grate bail in any of the offences, if the Court realises that the person will not directly involved or has been falsely implicated. Generally, courts don’t give the bail u/s 64 if the accusation is directed linked to the accused but sometimes advocates use loopholes to protect their accused and gets bail for them. You need to do Pairvi in the bail application before the High court when it is applied by the accused. It’s a best way to oppose a bail because sometimes state doesn’t oppose the bail and bail gets granted. I you feel to do pairvi in the high court and oppose the bail application then contact me. Thankyou
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Adv. Aman Sharma
Adv. Aman Sharma
Allahabad | 25+ Answers
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The High Court has discretionary power to grant bail in any session. You must oppose the bail otherwise without a private respondent advocate, it would be very easy on the other side to secure bail.
check continuously in the High court case status, otherwise bail can be granted with the presence of state advocates.
for checking status, provide FIR copy
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Adv. Ajay Kumar Kashyap
Adv. Ajay Kumar Kashyap
Allahabad | 50+ Answers
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Yes, even after rejection of bail by the Sessions Court, the accused can approach the High Court for bail under the BNSS/CrPC framework. The High Court has independent jurisdiction and is not bound by the Sessions Court’s view, though it will consider the reasons for rejection.
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Adv. Namrata Pandey
Adv. Namrata Pandey
Lucknow | 50+ Answers
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Even if the Sessions Court has rejected bail, the accused can still approach the High Court, as it has independent powers to grant or refuse bail; however, bail is not automatic and the accused must show fresh grounds or point out any legal error in the Sessions Court’s order. In offences under BNS 64, 115(2), 123, 127(2), 351(3) and 352, which are serious in nature and involve violence, threat or grave misconduct, the High Court usually considers the seriousness of the offence, the role of the accused, consistency of the victim’s statement, medical or other supporting evidence, stage of investigation and the possibility of the accused intimidating the victim or influencing witnesses. Where the Sessions Court has passed a well-reasoned order and the material on record supports the prosecution, the chances of bail being rejected in the High Court remain fairly high, especially at an early stage of the case. Opposition to bail by the victim is important and carries weight, particularly if genuine safety concerns and fear of interference with the trial are clearly stated. A request for speedy trial does not by itself decide bail but it reduces the accused’s plea of prolonged custody and supports continued detention in serious cases.
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Adv. Kanaklata Singh
Adv. Kanaklata Singh
Lucknow | 25+ Answers
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