Recently, the Bombay High Court granted bail to the applicant in a case concerning offences under the Bharitya Nyay Sanhita, 2023, and the Protection of Children from Sexual Offences Act (POCSO Act), 2012. The Court noted the exceptional circumstances surrounding the case and highlighted the necessity of balancing legal provisions with the individual’s rights.
The applicant sought bail registered with the Mukundwadi Police Station, District Aurangabad, involving charges under Sections 64(2)(f), 64(2)(i), 64(2)(m), 65(1) of the Bharatiya Nyay Sanhita, 2023, and Sections 4, 6, and 8 of the POCSO Act. The case arose from a relationship between the applicant and the victim, who was a 14-year-old girl. The two were initially intended to marry but entered into a relationship before the marriage took place. The victim became pregnant, and following medical examination at Ghati Hospital, the matter was reported, leading to the applicant’s arrest.
The applicant contended that since the victim and he were in a relationship with the intent to marry, and considering the absence of objections from the victim’s father, he shoudl be granted bail. The victim’s father field an affidavit stating that he had no objection to the applicant’s release, as he acknowledged their engagement and had no grievance against him. The Assistant Public Prosecutor (APP) opposed the bail application, arguing that the case involved a minor and that granting bail based on the victim’s father’s lack of objection would undermine the purpose of the POCSO Act. The APP emphasized the need to protect minors from exploitation and argued that the Act’s objectives should not be frustrated by parental consent alone.
The Court acknowledged the arguments presented by the APP and found the objections compelling. As a result, the victim's father was called to explain why he had arranged for his minor daughter to be engaged to the applicant. The father explained that both he and his wife were suffering from serious health conditions, and they feared for their lives, leading them to secure a marriage arrangement for their daughter in their lifetime. He also mentioned the societal pressures they faced, including concerns about their daughter’s well-being. The Court found these circumstances to be plausible and rooted in the desire to protect the victim. Further, the Court considered the fact that despite the crime being registered, the applicant expressed his willingness to marry the victim upon her attaining majority. The Court noted that while the statutory provisions could not be disregarded, the extraordinary circumstances presented in this case warranted a nuanced approach.
Taking into account the compelling societal circumstances, the Court granted bail to the applicant, Satish Eknath Kakade, subject to specific conditions. He was directed to furnish a personal bond of Rs. 50,000 along with one solvent surety of the same amount. The Court stipulated that the applicant must not interfere with prosecution witnesses or engage in a physical relationship with the victim until they are legally married. Additionally, he is required to attend the police station whenever summoned by the investigating officer until the filing of the charge sheet. The decision reflects the Court’s nuanced approach in balancing legal safeguards with the unique personal circumstances of the case.
Picture Source :
