Supreme Court Provides Anticipatory Bail to Individual Accused in POCSO Case
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New Delhi, Dec 11 (NationPress) The Supreme Court has provided anticipatory bail to an individual facing allegations of molestation and inappropriate behavior toward a minor girl under the Protection of Children from Sexual Offences (POCSO) Act.
A bench led by Justice Hrishikesh Roy acknowledged the fact that the accused has been cooperative during the investigation and that the charge sheet in this matter has yet to be submitted.
Instructing the accused to continue cooperating with the investigation, the bench, which also included Justice SVN Bhatti, stated that if arrested, the accused would be permitted to secure bail by providing a bail bond of Rs 20,000 to the satisfaction of the Arresting Officer.
"Since the prosecutrix is a neighbor of the petitioner, it is essential for the petitioner to maintain both physical and virtual distance from the prosecutrix and other witnesses involved in the case," the court emphasized.
While dismissing the special leave petition of the accused, the apex court granted the Rajasthan Police and the informant the right to request the cancellation of bail should any breach of this condition be brought to the attention of the trial court.
The accused, represented by criminal lawyer Namit Saxena, approached the apex court for pre-arrest bail, which was previously denied by the Rajasthan High Court. The case was recorded at Gadhmora police station in Karauli for violations under Sections 354(A), 354(B), and 504 of the IPC in conjunction with Sections 7 and 8 of the POCSO Act against the petitioner.
As per the FIR, when the complainant visited the accused's home to charge her phone, he allegedly engaged in molestation and inappropriate behavior.
Advocate Saxena argued that the prosecutrix's family, driven by hostility, concocted a false narrative, utilizing the prosecutrix to wrongfully accuse the accused with the aim of imprisonment.
"The allegations against the petitioner are entirely fabricated and despite an investigation spanning nearly two years, no evidence has been found against him. There is no record of evidence or legitimate proof provided by the prosecutrix to support her claims. Additionally, numerous family members of the petitioner were present in the house during the alleged incident, making it extremely unlikely that the events occurred as described in the FIR," the petition stated.
