Accused Has Good Family Background, Chance Be Given For Course Correction: MP High Court Orders Community Service While Granting Temporary Bail To Student In POCSO Case
|The Madhya Pradesh High Court has granted temporary bail to a college student accused of sexual harassment, imposing community service as a condition.
The Single Judge Bench of Justice Anand Pathak expressed a belief in the student's potential for redemption, emphasizing the importance of course correction and the opportunity for the accused to mend his ways.
The Order, dated May 16, acknowledged the severity of the allegations against the student, who was accused of continuous harassment of a girl via WhatsApp, stalking, and making vulgar calls. Despite the gravity of the charges, the Court recognized the accused as a first-year BBA student whose academic prospects would suffer from prolonged confinement.
"....it appears that allegations are very ugly in nature and it is not expected from a student of BBA, who intends to make future in Managerial cadre and belongs to apparently good family background. But at the same time, it appears that the applicant is a student, therefore, chance be given for course correction so that he can mend his ways to become a better citizen by not involving in criminal activities especially in the nature of Section 354(D) of the IPC and Sections 11 and 12 of the POCSO Act. Therefore, this Court intends to allow the bail application as temporary measure for two months with certain directions for community service so that applicant may learn a lesson and would engage in creative pursuits for better future," the Court observed.
The accused, through his plea for temporary bail, assured the Court of his commitment to comply with all conditions and pledged not to cause any further embarrassment or harassment to the complainant.
The Counsel for the Applicant contended, "He learned the lesson hard way and would mend his ways to become better citizen by not involving in any such activity in future and would not cause any embarrassment/harassment to the complainant side in any manner. He is ready to abide by all the terms and conditions as may be imposed by this Court. Upon these grounds, counsel prayed for grant of bail."
The parents of the Applicant also appeared before the Court and gave an undertaking that they will take care of their son and would ensure that he shall not cause any embarrassment or harassment to the complainant in any manner.
The Court granted temporary bail for two months, subject to specific conditions aimed at promoting community service and rehabilitation. The conditions imposed on the applicant included rendering services at the District Hospital in Bhopal on Saturdays and Sundays, assisting patients in the outpatient department under the supervision of medical staff.
"Therefore, the applicant is granted temporary bail for a period of two months on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount, to the satisfaction of the trial Court concerned. Temporary bail would be valid till 17/7/2024 and on or before that date, he shall have to surrender. For community service, he shall have to regularly appear on every Saturday and Sunday at District Hospital (1250) Bhopal between 9:00 a.m. to 1:00 p.m," the Court ordered. The Applicant has been directed to surrender before the Trial Court on or before July 17.
Additionally, the Applicant has been prohibited from entering the operation theatre or administering medication to patients to avoid any risk of harm or discomfort. Accordingly, the Court scheduled the matter for further consideration on July 22.
Cause Title: Abhishek Sharma v. The State of Madhya Pradesh
Appearance:-
Applicant: Advocate Sourabh Bhushan Shrivastava
Respondent: Advocate Vivek Lakhera
Click here to read/download the Order