Mumbai: The Bombay High Court granted bail to madrassa teacher, accused of sexually assaulting a seven-year-old girl inside a madrassa in Shivaji Nagar, Govandi, in Aug 2024. The accused, allegedly the girl’s teacher, was arrested and a chargesheet was filed. Justice Shyam C. Chandak while granting bail noted that the trial had commenced but was not progressing as the victim was not attending court despite police efforts.Shah had been in custody for nearly two years. “The court granted him bail on a Rs 50,000 bond with conditions, including monthly police attendance and directions against influencing witnesses or tampering with evidence,” said his lawyer Nazneen Khatri.The case was registered at Shivaji Nagar Police Station under Section 74 of the Bharatiya Nyaya Sanhita (BNS) and Sections 8 and 12 of the Protection of Children from Sexual Offences (Pocso) Act.According to the prosecution, the alleged incident took place on Aug 22, 2024, when the girl was attending an Arabic class at the madrassa. The case was registered on a complaint filed by the girl’s mother on Aug 26, 2024, following which Shah was arrested on Aug 31, 2024. The police subsequently filed a chargesheet.The High Court noted that the trial had commenced and the victim’s mother had already been examined. However, the victim had not appeared before the trial court despite efforts by the police, resulting in the trial not progressing.The court also noted that Shah had been in custody for nearly two years. It observed that the charge under Section 74 of the BNS carried a maximum punishment of five years, while Section 8 of the POCSO Act provides for imprisonment of three to five years.The prosecution argued that, considering the allegations, Section 9 of the POCSO Act could also be attracted, which carries punishment of five to seven years under Section 10. The court, however, observed that even in that eventuality, the applicant had undergone nearly one-third of the maximum sentence.“Since the victim’s side is not cooperative, therefore, the liberty of the applicant cannot be curtailed, otherwise it will turn punitive,” the court observed.The High Court directed Shah to report to Shivaji Nagar Police Station on the first day of every calendar month between noon and 4 pm until conclusion of the trial.The court further directed him to regularly attend the trial, not tamper with evidence or influence prosecution witnesses, and furnish his contact number and residential address to the investigating officer.The court clarified that its observations were made only for deciding the bail application and should not influence the trial or be treated as an opinion on the merits of the case.
