By Astha Bhumish Shah  

The Bombay High Court granted interim anticipatory bail to a man booked under Section 11(v), (vi) and 12 of the POCSO Act for allegedly making a child record sexual activity between him and the child’s mother. It was alleged that the applicant and the victim’s mother are engaged in an extramarital relationship and gave the child a mobile phone to record their sexual activities. 

The applicant hence approached the High Court seeking anticipatory bail. It was noted by the Court that in an earlier FIR, the applicant had complied with all bail conditions and in the current FIR, there was no indication that the child’s mother had been taken into custody. Considering the peculiar facts and the role of the victim’s mother, the Court decided to grant interim protection to the applicant till the next the date of hearing provided the applicant shall not contact the victim child. If the applicant is arrested in connection with the current FIR, he will be released on bail upon furnishing a PR Bond of Rs. 25,000 and one or two sureties in the same amount to the satisfaction of the Trial Court. Since the child’s mother is also an accused, the High Court Legal Services Committee was directed to appoint an advocate to represent the victim child. The Court stated that any violation of the bail conditions would result in the cancellation of the interim bail. The matter is listed for further hearing on 19 July. (Umesh Radhai Saroj. v. State of Maharashtra and Anr. – Anticipatory Bail Application No. 1755 of 2024) 

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