Section 497C(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)Notwithstanding anything contained in this Code no person accused of an offence punishable under section 304-B, 326A, 370, [376, 376A, 376AB, 376C, 376D, 376DA, 376DB and 376E] of Ranbir Penal Code, shall if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release:Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.