Madhya Pradesh High Court orders community service as bail condition in sexual abuse case

The Madhya Pradesh High Court recently imposed community service as a condition while granting temporary bail to a college student accused of sexual harassment [Abhishek Sharma v The State of Madhya Pradesh].Single-judge Justice Anand Pathak opined that the allegations were ugly, but at the same time the student deserved a chance to correct course and mend his ways."But at the same time, it appears that the applicant is a student, therefore, chance be given for course correction so that he can mend his ways to become a better citizen by not involving in criminal activities especially in the nature of Section 354(D) of the IPC and Sections 11 and 12 of the POCSO Act," the order dated May 16 stated..The Court agreed with the suggestion given by counsel for the accused-applicant for granting temporary bail for two months."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 counsel suggested to the Court..The accused was arrested on April 4 over allegations that he had continuously harassed a girl via WhatsApp, by stalking and by making vulgar calls.In his plea for temporary bail, the accused argued that he was a first-year BBA student and prolonged confinement would negatively impact his academic prospects.He undertook not to cause any embarrassment or harassment to the complainant in any manner and expressed willingness to abide by all the terms and conditions imposed by the Court..The parents of the accused also appeared before the Court and undertook that they would take care of their son and ensure that he would not cause any embarrassment or harassment to the complainant in any manner..The Court noted that the allegations were ugly and such behaviour from a BBA student with an apparently good family background was not expected."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," the Court said.However, it opined that the student deserved a chance for course correction and to become a better citizen by not getting involved in criminal activities..The Court, therefore, opined that it would allow the bail application as a temporary measure for two months with certain directions for community service. This would enable the applicant to learn a lesson and engage in creative pursuits for a better future, it added..The bail conditions imposed on the applicant are:- he will render his services at the District Hospital (1250) Bhopal on every Saturday and Sunday from 9 am to 1 pm (irrespective of being affected by the decision of the trial) and his role will be to assist the patients of the external department in the services provided by doctors and compounders.- 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 Court noted that by doing these tasks, the applicant will likely gain basic education in first aid and in dealing with natural disasters. This will help him integrate into mainstream society and enable him to work as a disaster management volunteer in his area, the Court added.The matter will be heard next on July 22.Advocate Sourabh Bhushan Shrivastava appeared for the applicant/accused.Government Advocate Vivek Lakhera appeared for the State of Madhya Pradesh..[Read Order]