[POCSO] Man accused of showing obscene photos to his kids gets anticipatory bail from Delhi court

A Delhi court granted anticipatory bail to a man accused of sexually harassing his children by showing them “obscene” photographs..Additional Sessions Judge Hasan Anzar, while granting relief, observed that the possibility of there being “sexual intent” behind the act has to be determined during trial..The Court further noted that the police’s status report showed that the accused and the complainant, his wife, were in a matrimonial dispute, and had been levelling allegations against each other repeatedly. The order noted that the children were living separately from the father.“It appears that the parties that the police have chosen to register the FIR belatedly as parties are making repeated complaints against each other,” it said.The Court also observed that the police status report showed that the accused-father was not required for any custodial interrogation.“Therefore, apparently, there are no good grounds for justification to deny the bail to the accused,” the bail order stated..The man was booked for the offence of sexual harassment of his children under Sections 354A of the Indian Penal Code and Section 12 of the Protection of Children Against Sexual Offences (POCSO) Act.Advocate Swaty Singh Malik argued that her client was in a matrimonial dispute with his wife, who had prompted her children to level allegations against their father.The public prosecutor opposed the plea, contending that the allegations were serious.Counsel appearing for the wife of the accused contended that the man uses two mobile phones and had been trying to mislead the police. It was submitted that though the complainant had reported the matter to the police on time, the first information report (FIR) was deliberately delayed..“In the opinion of the Court, the investigation is the prerogative of the investigating agency and this cannot be made as a ground for rejection of bail,” the Court said after hearing the parties.The man was, therefore, granted anticipatory bail on a bond of ₹25,000 with directions to cooperate with the investigation, and appear before the police whenever asked.