Background
- The name of the case is Tasleem v. State BA 3981/2021.
- A bangle seller who was allegedly assaulted by a group of men because of his religion filed the bail application in an Indore Court. However, the bail application was rejected by the court.
- The bangle seller was booked within 24 hours of the alleged assault for allegedly inappropriately touching a 13-year-old girl, among other offences.
- The complaint was filed by Rakesh Pawar, the father of the minor girl who the applicant allegedly molested. The applicant has been charged under IPC Sections 354/354A, 467/468/471/420/506, and POCSO Act Sections 7 and 8.
The FIR
- According to the FIR filed against the bangle seller, he went to the complainant's house. After showing his ID to Golu, Mohan Singh's son, they were convinced that he was a "good person" and proceeded to buy bangles from him.
- The applicant allegedly inappropriately touched the minor girl when the complainant's wife went inside her house to bring money. A few neighbours and her mother arrived after the minor girl yelled.
- When confronted about his actions, he allegedly threatened to kill them. He fled, leaving behind his belongings, including two Aadhaar cards bearing his name: one bearing Asleem, son of Mor Singh, and the other bearing the name Tasleem, son of Mohar Ali.
The Bail Application
- The bail application claims that the complaint was filed based on a made-up and fabricated story with no basis in fact, concealing the facts.
- The application, recounting the events of the day on which the applicant was assaulted, claims that after being beaten, the mob destroyed his documents and stole Rs. 10,000/- from him. The applicant then went to the police station, where the officers refused to file his complaint.
- The bail application claims that if the applicant left his belongings behind, as stated in the FIR, how is he seen in the video being thrashed with his belongings? Furthermore, the audio of the video does not mention the minor girl or the alleged molestation incident; instead, they repeatedly ask his name.
- It is also stated that the FIR's narration of facts does not reveal any violation under Sections 7 and 8 of the POCSO Act.
Filing of the FIR of Applicant
- It is also stated in the Bail Application that after a video of the mob assaulting the applicant was widely circulated on social media, a large crowd gathered outside the police station and demanded that an FIR be filed against them.
- It was only after that that an FIR was filed against the complainant and the other individuals involved. Previously, the police had refused to do so.
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