On 27.01.2022, in the case of G K Vs. State of Maharashtra, the Additional Sessions Judge of the Special POCSO Court at Fort, Greater Mumbai analyzed the professional and social background of the Accused along with the facts and circumstances of the case and released him on bail, remarking that there are no chances of him absconding.

Facts– The victim, who was a 17 year old girl, lodged a complaint against the Accused who approached her at an event and after introducing himself  as an advocate and journalist, gave her his visiting card and established contact with her through Whatsapp.  When the victim expressed her willingness to do an internship and met the Accused along with her mother, he asked her to report the next day for a photo shoot. He took the victim around to various places and to a hotel where he enquired about her vital statistics and details regarding her menses. He then took her on his scooty, where he put his hands around her legs. After initially hesitating, the victim finally revealed everything to her mother, after which the complaint was lodged. The Accused was then arrested and remanded to judicial custody.

Observations–

1. The Court examined the background of the Accused and did not deem it necessary to extend his custodial interrogation.
2. Judge Nazera S. Sheikh remarked-

“Admittedly, accused is a solicitor & film maker. He is having deep roots in the society. Therefore, there are no chances of his absconding. So far as, recording the statement of victim u/s.164 of Cr.P.C. is concerned and apprehension pertaining to the threatening of victim is considered, it can be taken care of by imposing stringent conditions on the applicant, while releasing him on bail.”

Hence, the Court allowed the Accused to be released on bail by imposing certain restrictions to ensure that there is no obstruction of justice and no threat towards the victim or the witnesses.

– Vaishali Jain, Advocate & Associate – Child Safety at Work & Rhea Bazaz, Final Year Student, Symbiosis Law School, Pune