[POCSO] Bombay High Court Grants Interim Relief To Man Booked For Allegedly Making Child Record Sexual Activity Between Him And The Child's Mother

Justice Manish Pitale expressed shock that these allegations were made against the mother of the child as well and decided to grant interim bail to the man so long as he does not contact the child.

“It is indeed shocking that such allegations are made against the mother of the child also. There is nothing to indicate that the mother of the child i.e. co-accused No.1 (victim's mother) has been taken into custody or that efforts are being made to take her into custody…prima facie, it appears that the applicant alongwith co-accused No.1, may have together undertaken the activities that have led to registration of the present FIR. As long as the applicant does not contact the victim child and co-operates with the investigation, this Court is inclined to consider granting interim protection.”

The case against the applicant was registered at Police Station Uran, Navi Mumbai, and involves charges under Sections 34 of the IPC and Sections 11(i), 11(v), 11(vi), and 12 (sexual harassment) of the POCSO Act.

The applicant, alongside the victim's mother, is alleged to have provided the victim child with a mobile phone to record their sexual activities. Thus, he approached the high court seeking anticipatory bail.

APP RM Pethe submitted that notice is required to be issued to the victim in this matter. Advocate Priyanka Thakur for the applicant submitted that notice may be issued to the victim child, and sought interim protection in the meantime.

The court noted that both the applicant and the child's mother are married individuals and prima facie appear to be in an extramarital relationship. This was initially observed by the Sessions Court, which granted regular bail to the applicant in another FIR registered by the child's mother for various offenses, including rape.

The court noted that in the earlier FIR, the applicant had complied with all bail conditions, and his mobile phone had been seized by the police.

The court further observed that in the current FIR, there was no indication that the child's mother had been taken into custody or that efforts were being made to do so. 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 date of hearing.

As the mother of the victim is also an accused, the court directed the High Court Legal Services Committee to appoint an advocate to represent the victim child and directed the applicant to provide an additional set of papers to the committee within a week.

Thus, the court directed that the applicant shall not contact the victim child. Further, till the next date of hearing, if the applicant is arrested in connection with the concerned FIR, he shall 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.

The court stated that any violation of the bail conditions would result in the cancellation of the interim bail, and listed the matter for further hearing on July 19, 2024.

Case no. – Anticipatory Bail Application No. 1755 of 2024

Case Title – Umesh Radhai Saroj v. State of Maharashtra and Anr.