MP High Court Denies Anticipatory Bail To Teacher Accused Of Disrobing Students, Making Objectionable Videos In Garb Of 'Checking'
The Madhya Pradesh High Court has rejected the anticipatory bail application of a senior school teacher accused of harassing students by disrobing them and making objectionable videos under the pretext of mobile phone checks.
The bench of Justice Prem Narayan Singh at Indore also noted that the prosecuting agency failed to invoke provisions of the POCSO Act and directed the Police Commissioner, Indore to examine the matter.
“It is worth to mention that in spite of prosecution objection, the respective prosecution agency has not considered the provisions of POCSO Act and nothing is mentioned in the case diary on this aspect, hence, the Police Commissioner, Indore is directed to examine the matter in view of the POCSO Act, 2012 and submit report before the Registry of this Court within one month.”
The applicant was accused of harassing minor children on the pretext of checking mobiles at a school in Indore. The charges included offenses under Section 75 of the Juvenile Justice Act and Sections 76 and 79 of the BNSS.
The prosecution alleged that applicant's actions were not only cruel but also sexually inappropriate, warranting the application of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Counsel for the applicant argued that she is innocent and has been falsely implicated in the case. They emphasized her status as a senior teacher from a reputable family, citing that her husband is employed in government service and her child is pursuing medical career.
The Court however referred to the legal principles governing anticipatory bail as laid down by the Supreme Court in Jai Prakash Singh vs. State of Bihar and others (2012) and highlighted that anticipatory bail is an "extraordinary privilege" and should be granted only in "exceptional cases."
In the present case the Court denied anticipatory bail stating, "the act of the applicant is cruel in nature and as a teacher her act is highly objectionable."
Case title: Dr. Jaya Panwar Versus The State Of Madhya Pradesh
Case No: MISC. CRIMINAL CASE No. 36890 of 2024