Daijiworld Media Network – Mumbai

Mumbai, Jul 24: In a significant development, a special POCSO court in Mumbai has granted bail to a 40-year-old teacher from a reputed city school who was arrested for allegedly sexually assaulting a male student. The court observed that available evidence from both the prosecution and defence suggests a consensual relationship, especially as the complainant was over 17 years of age.

Special Judge Sabina A Malik, while passing the bail order, noted that the accused had resigned from the school, thereby ending the formal student-teacher relationship. "Once the official relationship ceased, the element of influence became diluted," the judge observed, adding that detaining the woman further would serve no purpose as the trial is yet to begin.

The victim had opposed the bail plea, expressing fears that the accused might intimidate, harm or manipulate him and tamper with evidence if released. However, the court reassured that stringent conditions would be put in place to prevent such actions.

Among the bail conditions imposed, the accused is:

• Barred from contacting or threatening the victim in any form—directly or indirectly.

• Prohibited from influencing or promising anything to any witness.

• Warned that any breach of these conditions would lead to immediate cancellation of bail.

It was also highlighted that while the maximum punishment for the offences alleged could extend to imprisonment for the remainder of natural life, the ongoing delay in trial proceedings factored into the court’s decision to grant bail.

The woman, who was arrested on June 29, has since moved on to work in a different field. During the bail hearing, her lawyers Neeraj Yadav and Deepa Punjani contended that the case was false, fabricated, and motivated. They also alleged a violation of constitutional rights, stating that the grounds for arrest were only given in Marathi, a language the accused does not understand, and that she was coerced into signing documents without a proper translation.

The prosecution, meanwhile, had highlighted the mental trauma faced by the minor and insisted on denying bail.

The matter remains under judicial scrutiny, with the trial yet to formally begin.