Bhopal (Madhya Pradesh): Madhya Pradesh High Court has granted a temporary bail to a college student accused of harassing and stalking a young girl. The court emphasised the student's "apparently good family background" while granting him the two-month, but with a rider. The court has ordered that the youth performs community service in Bhopal hospital as part of his bail conditions.
In an order dated May 16, Justice Anand Pathak stated that the accusations made under the POCSO (Protection of Children Against Sexual Offences) case were "ugly," but he also stated that the accused should have an opportunity to correct his conduct.
Allegations that the student had been continuously harassing a female over WhatsApp, and making offensive phone calls, led to the student's arrest by police on April 4.
Notably, the student was directed by the court to "render his services" at the Bhopal District Hospital on Saturdays and Sundays from 9 a.m. to 1 p.m. He will "assist the patients of the external department in the services provided by doctors and compounders," according to the court order.
"Prolonged confinement would negatively impact his academic prospects," the accused claimed in his appeal for provisional bail.
He learned his lesson the "hard way," according to his lawyer, who also promised to "mend his ways to become a better citizen by not involving in any such activity in future and would not cause any embarrassment/harassment to the complainant's side in any manner."
The accused's parents also appeared in court, expressing their regret for what their son had done and making a vow that he would not do it again.
The accused's lawyer suggested to the court that "in the interim, he engages in creative pursuits and community service so that his alleged ego may be melted and thereafter looking at his conduct, bail be confirmed."
The suggestion was accepted by the court, and temporary bail was given. "Since the applicant seems to be a student, an opportunity for course correction should be granted so that he can change his ways and become a better citizen by not participating in criminal activity, particularly in light of Section 354(D) of the IPC and Sections 11 and 12 of the POCSO Act," the order said.
In specifying the terms of his community service, the court declared, "He will not be permitted to visit the private wards or the operating room, nor will he be permitted to give patients any kind of injection or medication."
In order for the applicant to function as a helpful hand for the mentioned hospital and avoid disturbing the medical staff, patients, or hospital administration in any way, the doctors will make sure that he won't infect or cause discomfort to the patients in any way.
The prosecution opposed the bail and stated that the accused "stalked and called the victim at any time with vulgar conversation, through WhatsApp, and constantly harassed the victim."
The court said, "It appears that allegations are very ugly in nature and it is not expected from a BBA student who intends to make future in Managerial cadre and belongs to apparently good family background after going through the entire case diary and the submissions of respondent/State."
