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Synopsis

The Bombay High Court has recently granted anticipatory bail to a man who allegedly forced a minor to take video when the man and the mother of the minor victim's child were in a compromising position.

A single-judge bench of the Bombay High Court comprising Justice Manish Pitale was hearing a pre-arrest bail application filed by the man who was booked under the IPC and POCSO Act.

The man was arrested and he was granted regular bail by order dated 10.05.2024 in connection with the earlier FIR alleging that he had committed rape and he had sexually abused the mother of the minor child.

The man contended that even if the statement leading to the registration of FIR is taken into consideration, the allegations are against both i.e. the man and the mother of the minor victim child, as regards the recording of the video. It was submitted that the applicant had surrendered his mobile phone to the investigating officer.

The high court in its order noted that there is substance in the contention raised on behalf of the man that since he has already surrendered his mobile phone to the investigating officer in connection with the investigation of the earlier FIR, there is hardly any ground made out for seeking physical custody of the applicant.

Accordingly, the bench proceeded to grant him bail while noting the maximum imprisonment for the offence was up to 3 years.

“A perusal fo the offences under Sections 11(i), 11(v) and 11(vi) of the POCSO Act would show that prima facie, offence under Section 11(v) of the said Act could not have been registered against the applicant in the facts and circumstances of the present case. At worst, the applicant could be held liable for offences under Sections 11(i) and 11(vi) of the said Act, for which the punishment is imprisonment for a term extending upto 3 years.,” the order reads