Nagpur The Nagpur Bench of Bombay High Court has granted bail to S.F.S. School teacher named Sankalp Medha, the accused in the infamous case of POCSO wherein 11 ex-students and 2 current students were coerced, intimidated and mentally harassed as well as some female students were molested by him. An Offence was registered against this school teacher under Sections 296, 74, 115(2), 351(2), 75(2) of BNS read with Section 12 of POCSO Act at Sadar police station
Justice Urmila Joshi Phalke granted the bail to the accused.
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Wednesday 15 Jan. 2025
It is alleged that this accused school teacher was in the habit of using filthy language in respect of students as well as he used to physically touch the neck, face of some female students and used to beat them with a duster or bottle if they resisted his actions.
Adv. Kamal Satuja and Adv. Kailash Dodani appearing for the accused- school teacher Sankalp Medha had pointed out to the court that the accused is falsely implicated in the present case due to personal grievance of one student who has insisted other students also to give complaint against him and there is a delay of more than 12 months in lodging FIR which is apparent from chargesheet. Further there is too much inconsistency in the statements of witnesses which itself makes the case of prosecution doubtful.
Adv. Satuja and Adv. Dodani further pointed out to the court that this school teacher is employed with S.F.S. School for more than 10 years but this is the first ever complaint or offence registered against him. The maximum punishment provided for the offences is 5 years and now the investigation is already completed and chargesheet is also filed, therefore his further incarceration is not required as the same will amount to pre-trial punishment which is always depreciated by the High Court and Supreme Court. Therefore they prayed for releasing this accused- school teacher on bail.
AGP Shamsi Haider and Adv. Aniruddha Anantkrishnan appointed for victims strongly opposed the bail application of this accused on the ground that allegations against this school teacher are in respect of sexual harassment. Many students came forward narrating acts committed by the applicant which sufficiently shows involvement of the accused in this crime. There are chances that if he is released on bail he will again commit such type of crimes and will threaten the prosecution witnesses. Therefore they prayed for rejection of his bail.
After hearing arguments of both sides and appreciating arguments of defence, Justice Urmila Joshi Phalke granted bail to the accused school teacher Sankalp Medha by directing him not to enter said school premises, not to tamper with prosecution witnesses and to attend trial regularly before the court below without seeking any exemption unless there are exceptional circumstances.
Adv. Kamal Satuja, Adv. Kailash Dodani and Adv. Anmol Goswamy appeared for the accused-school teacher Sankalp Medha. AGP Shamsi Haider represented the prosecution.
