Prima Facie No Sexual Intent: Bombay High Court Grants Bail To POCSO Accused Booked For Recording Unnatural Offence With Minor Boys

Justice Anil S Kilor allowed the bail application of one Kapil Suresh Taak observing,

“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.”

Kapil Suresh Taak, the applicant, is booked under Sections 377 (unnatural offence), 363, 343, 289, 323, 324, 504, 506, 143, 145, 149 of the IPC r/w Sections 4 (penetrative sexual assault) and 8 (sexual assault) of Protection of Children from Sexual Offences Act, 2012.

The charges stem from a complaint lodged by the mother of one of the victims on April 30, 2021. The informant, a vendor in the Pimpri vegetable market, had noticed a video showing her son and two other minors being assaulted and abused. The video allegedly depicted that the accused persons were assaulting and abusing the children after removing their clothes.

A co-accused, Sachin, allegedly brought Zandu Balm to apply to the anus of the boys. Other allegations against the accused persons include pulling of private parts and insertion of fingers into the anus of the victims. The present applicant Kapil Taak also allegedly filmed the incident and threatened the victims against disclosing it.

An earlier bail application by the applicant was rejected by another bench of the HC on March 3, 2022. Justice CV Bhadang had noted the seriousness of the allegations and the presence of video evidence implicating the applicant, thereby refusing bail.

In the current application, advocate Sana Raees Khan for the applicant argued that the provisions of the POCSO Act is not applicable as there was no sexual intent involved. She contended that the charge sheet had been filed, and further custody was unnecessary, highlighting that the applicant had been in jail for over three years since May 1, 2021.

APP Meera Shinde for the State and advocate Mehgna for the victim opposed the bail, emphasizing the serious nature of the offences, video evidence showing the applicant's involvement, and incriminating material collected during the investigation.

Justice Kilor, after reviewing the FIR and the investigation material, found no prima facie evidence of sexual intent. Given that the charge sheet had been filed and the applicant had been in custody for over three years, the court concluded that further detention was unnecessary.

Thus, the court directed the release of the applicant on bail upon furnishing a PR Bond of Rs. 50,000 with one solvent surety of the same amount.

Case no. – Criminal Bail Application No. 187 of 2024

Case Title – Kapil Suresh Taak v. State of Maharashtra