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Synopsis

The Bombay High Court has recently granted anticipatory bail to a man who showed his willingness to apologize to a child after he was booked for slapping an 8-year-old.

A single-judge bench of Justice Sarang Kotwal was hearing an application moved by a man who was booked for slapping an 8-year-old while he was playing with his friends.

According to the complainant – the father, the victim was playing with his friends on 9th November 2023 in the evening when the man pulled the child and slapped him.

After the CCTV footage was checked, the victim was seen apologizing to the man with folded hands.

The father then filed an FIR with the Borivali Police after which the man was booked under sections 323 (voluntarily causing hurt) and 506 (criminal intimidation) of IPC along with Section 75 (child cruelty) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

It was claimed that since that day, the victim was psychologically affected and was scared to go out to play with his friends.

Further, it was added that the man did not show any repentance, and the victim was referred to a specialist in psychiatry after which he suffered from agoraphobia.

Advocate Ashish Dubey, appearing for the applicant, submitted that the man was ready and willing to apologize personally to the family of the victim.

Dubey added that the man was also willing to reside away from the victim’s family’s residence for a reasonable period so that the victim’s treatment progresses smoothly.

Advocate Snehal Chaudhari, appearing for the father, agreed to this suggestion.

Therefore, the court proceeded to grant pre-arrest bail to the man. The bench directed the man to stay away from the victim for 5 months and allowed the father to move the court for cancellation of bail if there was a breach of any conditions.

Case title: Tilakraj Omprakash Saluja vs The State of Maharashtra & Anr