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Synopsis

The Bombay High Court has granted bail to a man who was booked for touching the private parts of three minor boys on suspicion of them being thieves.

A single judge bench of the high court, comprising Justice Anil Kilor, was hearing an application filed by the man, who was booked for unnatural offences under the IPC and POCSO.

The man was accused of inserting fingers inside the anus of three minor boys and applying balm. He was also booked for recording the incident.

The complaint was filed by the mother of one of the boys after some people saw a video of minor boys being assaulted and abused.

Advocate Sana Khan, appearing for the applicant, contended that there was no sexual intent and, for the same reasons, the POCSO Act would not be attracted. She added that the applicant had been in jail since 2021.

The Additional Public Prosecutor opposed the application, contending that there was sufficient material available with the investigating officer against the applicant.

However, the court granted bail, noting that prima facie nothing was brought on record to show that there was sexual intent.. 

"After going through the FIR and the allegations made in the FIR against the Applicant coupled with the material collected during investigation, prima facie nothing is brought on record to show that there was any sexual intent. The case is of physical and mental torture meted out to the minor victims in the background that Applicant and other co-accused have considered them as thieves," the court noted. 

Case title: Kapil Suresh Taak vs State Of Maharashtra