After being charged under the Protection of Children from Sexual Offences (POCSO) Act for having sex with one of her students, a 40-year-old female teacher at a well-known mumbai school was released on bail because the boy was older than 16 and there was proof of a "consensual relationship subsequently."
As previously reported by HT, the teacher was arrested for allegedly luring the minor student to five-star hotels, luring him with alcohol, and then having sex with him after he allegedly sexually assaulted him on several occasions over more than a year. Following a police complaint from the boy's family, she was taken into custody last month.
The accused's withdrawal from the school last year, when the alleged sexual assaults occurred, was cited in a detailed judgment by the special court for cases under the POCSO Act as having weakened the "student-teacher dynamic." Sabina Malik, the special judge, added that since the trial will take time to start, there would be no point in holding the woman in jail. Given that she is the mother of two young children, the judge granted the woman bail.
'He has a tattoo of my name.'
The accused has refuted all of the accusations, saying the boy's mother, who disapproved of their relationship, was the one who "motivated" the filing of the FIR.
She claimed that the boy was emotionally attached to her and called her his "wife" in her bail request. She further asserted that he had a tattoo of her name on his body, had written her handwritten notes and expressions of affection, and that these details had been purposefully left out of the police complaint.
In addition, the instructor stated that she had left the school in april 2024 in order to put the youngster out of her life and that she would only see him with his mother's consent. But she claimed he kept in touch with her. The FIR claims that the woman had sex with the boy in her car and at several five-star hotels between january 2024 and february 2025. In addition, she allegedly offered him booze and anxiety medicine, and she convinced him to see her by using a female coworker. After the boy passed Class 11 last year, she then quit her job at the school.
'Made to sign document in Marathi, did not understand.'
The court stated in its bail ruling, "As the accused had resigned from the school, the relationship of a teacher and student no longer existed and, hence, the influence was diluted."
The accused's argument that she was forced to sign the documents without a translation and that the police had given her the reasons for her detention in Marathi, a language she does not understand, was also noted by the court.
As part of its rationale, the court noted that the arrest procedures under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) were not being properly followed.
The accused cited her obligations as a single mother of twins aged 11—one of whom has a respiratory condition—as justification for leniency in her bail request. She presented the medical records of her daughter and claimed that the children's schooling and mental health were suffering as a result of her detention.
Both the complainant and the prosecution opposed bail, citing fears of evidence tampering, trauma, and threats. However, the court stated that stringent bail requirements could mitigate these dangers. The court decision warned that "breach of any condition will amount to cancellation of bail" and said that "the necessary terms and conditions could be catered to by imposing necessary terms and conditions to the victim, if any."
After providing a personal bond of ₹50,000 and one or more solvent sureties of the same amount, the instructor was released on bail. She was ordered not to change the evidence, speak to the victim or witnesses, or leave mumbai without the court's approval.
As previously reported by HT, the teacher was arrested for allegedly luring the minor student to five-star hotels, luring him with alcohol, and then having sex with him after he allegedly sexually assaulted him on several occasions over more than a year. Following a police complaint from the boy's family, she was taken into custody last month.
The accused's withdrawal from the school last year, when the alleged sexual assaults occurred, was cited in a detailed judgment by the special court for cases under the POCSO Act as having weakened the "student-teacher dynamic." Sabina Malik, the special judge, added that since the trial will take time to start, there would be no point in holding the woman in jail. Given that she is the mother of two young children, the judge granted the woman bail.
'He has a tattoo of my name.'
The accused has refuted all of the accusations, saying the boy's mother, who disapproved of their relationship, was the one who "motivated" the filing of the FIR.
She claimed that the boy was emotionally attached to her and called her his "wife" in her bail request. She further asserted that he had a tattoo of her name on his body, had written her handwritten notes and expressions of affection, and that these details had been purposefully left out of the police complaint.
In addition, the instructor stated that she had left the school in april 2024 in order to put the youngster out of her life and that she would only see him with his mother's consent. But she claimed he kept in touch with her. The FIR claims that the woman had sex with the boy in her car and at several five-star hotels between january 2024 and february 2025. In addition, she allegedly offered him booze and anxiety medicine, and she convinced him to see her by using a female coworker. After the boy passed Class 11 last year, she then quit her job at the school.
'Made to sign document in Marathi, did not understand.'
The court stated in its bail ruling, "As the accused had resigned from the school, the relationship of a teacher and student no longer existed and, hence, the influence was diluted."
The accused's argument that she was forced to sign the documents without a translation and that the police had given her the reasons for her detention in Marathi, a language she does not understand, was also noted by the court.
As part of its rationale, the court noted that the arrest procedures under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) were not being properly followed.
The accused cited her obligations as a single mother of twins aged 11—one of whom has a respiratory condition—as justification for leniency in her bail request. She presented the medical records of her daughter and claimed that the children's schooling and mental health were suffering as a result of her detention.
Both the complainant and the prosecution opposed bail, citing fears of evidence tampering, trauma, and threats. However, the court stated that stringent bail requirements could mitigate these dangers. The court decision warned that "breach of any condition will amount to cancellation of bail" and said that "the necessary terms and conditions could be catered to by imposing necessary terms and conditions to the victim, if any."
After providing a personal bond of ₹50,000 and one or more solvent sureties of the same amount, the instructor was released on bail. She was ordered not to change the evidence, speak to the victim or witnesses, or leave mumbai without the court's approval.
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