Bombay HC Grants Bail in POCSO Case, Cites Extraordinary Circumstances and Societal Pressures

Bombay HC Grants Bail in POCSO Case, Cites Extraordinary Circumstances and Societal Pressures

The Bombay High Court recently granted bail to Satish Eknath Kakade, facing charges under the Bharatiya Nyay Sanhita, 2023, and the POCSO Act, 2012, noting the exceptional circumstances of the case. The charges arose from a relationship between Kakade and a 14-year-old girl, whom he intended to marry.

The victim became pregnant, leading to the applicant's arrest.

Despite the Assistant Public Prosecutor's opposition, emphasizing the need to protect minors under the POCSO Act, the Court found the applicant's claim of intending to marry the victim plausible, supported by an affidavit from the victim's father, who had no objection to the applicant’s release.

In response to the father’s explanation that health concerns and societal pressures led to the engagement, the court granted bail, recognizing the unique circumstances. Kakade was required to submit a bond of Rs. 50,000 and comply with conditions, including refraining from contacting prosecution witnesses or engaging in a physical relationship with the victim until marriage.

The Court’s decision reflects a balance between safeguarding legal principles and acknowledging personal and societal factors in the case.

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