The Delhi High Court granted anticipatory bail to a father accused of sexually molesting his children by showing them “obscene” images.

While granting relief, Additional Sessions Judge Hasan Anzar noted that the potential of “sexual motivation” behind the behaviour must be determined during the trial.

The Court also noted that the accused and the complainant, his wife, were involved in a matrimonial conflict and had been levelling claims against each other on a regular basis, according to the police report. The children were living apart from their father, according to the decree.

“It appears that the parties have chosen to register the FIR belatedly because parties are making recurrent complaints against each other,” the report added.

The court also noted that according to the police status report, the accused-father was not needed to undergo any incarceration.

“Therefore, it appears that there are no good grounds for denying the accused release,” the bail order concluded.

Under Sections 354A of the Indian Penal Code and Section 12 of the Protection of Children Against Sexual Offences (POCSO) Act, the dad was charged with sexual harassment of his children.

Swaty Singh Malik contended that her client was involved in a divorce conflict with his wife, which had led to her children making claims against him.

The public prosecutor was against the plea, claiming the allegations were serious.

The accused’s wife’s lawyer claimed that the man had been trying to deceive the police by using two cell phones. The first information report (FIR) was purposefully delayed, despite the fact that the complainant had reported the matter to the police on time.

“Keeping in mind the seriousness of the crime, the accused’s behaviour, and other circumstances.” Bail is not available for the accused, Faizan Khan. As a result, the current bail application is dismissed,” the court decided.

The accused was defended by Kunwar Mohd Asad, and the State was represented by Additional Public Prosecutor LD Singh.


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