A special court in Mumbai has granted bail to a woman schoolteacher accused of sexually assaulting a minor boy, noting that the alleged relationship appeared to be consensual.
A 40-year-old schoolteacher accused of sexually assaulting a teenage male student has been granted bail by a special POCSO court in Mumbai, which observed that the relationship was “consensual” and no longer one of student and teacher.
The order, passed by Special Judge Sabina Malik earlier this week, has stirred legal debate as it noted that the boy was over 16 years of age and “there is evidence from both the sides showing that there was a consensual relation.”
The teacher, who worked at a well-known private school in the city, had resigned from her position. The court said this resignation had diluted the “teacher-student dynamic” that would have otherwise impacted the power equation between the two.
According to the order, the teacher was released on bail upon executing a bond of ₹50,000 with one or more solvent sureties. The court noted that since the trial is expected to take time, continued custody would not serve any meaningful purpose.
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The defence, represented by advocates Neeraj Yadav and Deepa Punjani, argued that the case was fabricated by the boy’s mother, who disapproved of the alleged relationship. The plea also cited several exchanges between the accused and the student as evidence of mutual consent, and claimed the boy’s parents were aware of the relationship.
The accused also raised objections over her arrest procedure. Her counsel stated that the grounds for her arrest were explained in Marathi, a language she does not understand, and that she was compelled to sign documents she could not read. They added that any statement recorded under such circumstances is inadmissible.
The teacher also cited her responsibilities as a mother to twin children, aged 11, one of whom suffers from asthma. “Their study is suffering and they are under emotional stress due to the absence of their mother,” the lawyers submitted.
The prosecution, however, opposed the bail plea, expressing concern that the accused might abscond. “The informant is in mental trauma due to the alleged incidents. Hence, the application should be rejected,” the police said in court.
The victim, meanwhile, opposed the application, stating through his counsel that the teacher might attempt manipulation, intimidation or exert influence if granted bail.
Despite these submissions, the court chose to release the accused, underscoring that pre-trial detention should not be punitive when the trial process itself is protracted.
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