The Madhya Pradesh High Court recently granted bail to a college student who was arrested by police on April 4 under POCSO for allegedly stalking and harassing a minor girl— and directed the boy to carry out community service in a Bhopal hospital as a bail condition, for two months.
According to a report in Indian Express, the court said that the boy was apparently granted bail owing to the "good family background" that he comes from. Justice Anand Pathak was hearing the matter on May 16 is when he acknowledged the allegations levelled against the boy in POCSO case were "ugly" but added that the "accused deserved a chance to correct his course".
The MP High Court ordered the accused to "render his services at the Bhopal District Hospital every Saturday and Sunday from 9 am to 1 pm, irrespective of the trial decision. The boy's duties will be to “assist the patients of the external department in the services provided by doctors and compounders”, the court ruled.
The boy in his plea for the temporary bail argued that "prolonged confinement would negatively impact his academic prospects". The parents of the accused also appeared in the court and acknowledged that they were ashamed of what their son had done while assuring the court that he would not repeat such actions.
Stating that the boy would “mend his ways to become a better citizen by not involving in any such activity in future," his counsel told the court that, "He would not cause any embarrassment/harassment to the complainant’s side in any manner."
"Meanwhile, he may engage in creative pursuits and community service so that his alleged ego may be melted and thereafter looking to his conduct, bail be confirmed,” the accused's counsel added.
Describing his duties further at the Bhopal hospital for two months, the court observed, “He will neither be allowed to go to the operation theatre nor to the private wards nor will he be allowed to administer any kind of medicine or injection etc to the patients. He will not cause infection or discomfort to the patients in any way and the doctors will ensure this so that the applicant plays the role of a helping hand for the said hospital and does not cause any inconvenience to the patients or doctors/hospital administration by any of his actions.”
The prosecution opposed the bail and appealed that the accused “constantly harassed the victim… through WhatsApp mode, by stalking and by calling the victim at any time with vulgar conversation”.
Taking note of all the appeals from both sides, the court ruled: “After going through the entire case diary and the submissions of respondent/State, 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.”