By Tanishka Shah

The Bombay High Court, in a significant ruling, granted anticipatory bail to a man accused of coercing a six-year-old child into filming explicit videos of the accused and the child’s mother. The bench was hearing the plea filed by the accused, challenging the rejection of his pre-arrest bail application by the Additional Sessions Judge in Panvel.

The case originated from a complaint filed by the child’s mother, accusing the man of sexual abuse and rape under the Protection of Children from Sexual Offences (POCSO) Act and various sections of the Bharatiya Nyay Sanhita (BNS). During the investigation, police uncovered eight obscene videos on the accused’s phone, which were allegedly filmed by the minor. Based on these findings, a new case was registered against the man.

The Sessions Court had denied bail, emphasizing the severe nature of the allegations, which involved the exploitation of a child for recording obscene acts. The court underscored the objective of the POCSO Act, which is to protect children from sexual abuse, and deemed the accused’s conduct as highly objectionable.

However, it was observed that the accused had already been granted regular bail in the earlier case filed by the child’s mother and had surrendered his mobile phone to the authorities for investigation. The High Court found merit in the argument that the prosecution had no further grounds to seek his physical custody, as critical evidence—the mobile phone—was already with the investigating officers.

The Court also took into account that the maximum punishment for the charges under the current FIR was three years, which further supported the decision to grant anticipatory bail. Consequently, the Court granted anticipatory bail, requiring Saroj to furnish a personal recognisance bond of ₹25,000, along with one or two sureties of the same amount, to the satisfaction of the trial court. Court clarified that the decision was made without compromising the ongoing investigation and that the accused would be required to cooperate fully with the authorities.

The ruling highlights the judicial balance between safeguarding the rights of the accused and ensuring justice for victims under sensitive circumstances governed by the POCSO Act.