The Allahabad High Court has dismissed the bail plea of a temple priest (pujari) who was charged under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for allegedly engaging in unnatural sex with a minor boy.
Justice Rohit Ranjan Agarwal stated that the alleged offence had deeply shaken the Court’s conscience and that there was no prima facie reason to grant bail to the accused pujari.
As per the prosecution, the victim, an orphan under the care of his uncle, was around 11 years old when the incident occurred. In February, the boy went to a fair and did not return. After searching for him, his uncle eventually found the minor boy in distress. The boy reported to his uncle that a priest had taken him to a temple and engaged in unnatural sex with him.
An FIR was filed against the priest, who was subsequently arrested. The charges in the FIR included Section 377 (which penalizes non-consensual anal sex) of the Indian Penal Code (IPC) and penetrative sexual assault under the POCSO Act.
The priest then sought bail from the High Court. His counsel argued that he was falsely implicated due to village enmity and that the informant (the child’s uncle) wanted him removed from the temple, leading to the false FIR. The defense further argued that the injury report did not indicate an offence under Section 377 of the IPC and that no external injuries were found on the minor boy during the investigation.
The State opposed the bail plea, arguing that the accused’s actions had shocked public conscience. Considering the facts of the case, the Court deemed it appropriate to reject the bail plea.
