Bombay High Court denies bail to priest accused of molesting minor boy in temple

The Bombay High Court on Monday refused to grant bail to a temple priest accused of sexually assaulting a minor boy within the premises of a temple in Bhiwandi, Maharashtra [Mahendra Prasad Parasanath Pandey v State of Maharashtra and anr].

The Court observed that the material on record, including CCTV footage, strongly supported the prosecution's case.

A single Bench of Justice Amit Borkar noted that the accused, Mahendra Prasad Parasanath Pandey, has been in custody since October 2020, but held that the seriousness of the charges and the risk of tampering with evidence or influencing witnesses warranted his continued detention in jail.

“The strong evidence in the form of CCTV footage, the serious nature of the offences involving sexual abuse of a minor child, the significant risk of tampering with evidence or influencing witnesses due to the accused's position as temple priest, and the need to ensure protection of the victim child, all militate against the grant of bail," the Court said.

As per the prosecution, the alleged incident took place on October 26, 2020, between 5:00 and 5:30 PM. Pandey allegedly lured the victim, a minor boy, with ₹40 before engaging in oral sex him. He also allegedly performed other sexual acts, including masturbating in the child’s presence and ejaculating on the temple floor. He is said to have spat on the temple floor as well during the incident. These acts were allegedly captured on CCTV footage installed inside the temple.

Pandey was arrested the next day by Bhivandi City Police, and a chargesheet was filed on December 6, 2020. The charges include Section 377 (carnal intercourse against the order of nature) of the Indian Penal Code and Sections 4, 8, and 12 of the Protection of Children from Sexual Offences (POCSO) Act.

Pandey's counsel told the High Court that the accused has undergone prolonged incarceration for nearly five years, without the conclusion of the trial. The counsel submitted that although his client's earlier bail application was rejected with liberty to reapply after the trial court's examination of the child witness, the testimony had not been recorded for over six months.

The State opposed the bail application, highlighting the CCTV footage and the possibility of witness intimidation, particularly given the accused’s position as a religious figure.

While denying bail, the Court directed the trial court to expedite the proceedings and complete the examination of material witnesses within six months. The accused priest was granted liberty to apply afresh for bail if the trial does not conclude within that period.

Advocate Ashok Dubey, with advocates Anil Pandey instructed by SAVJ Law Solutions appeared for the accused.

Additional Public Prosecutor Mahalakshmi Ganapathy appeared for the State.

Advocate Sagar A Rane appeared for the minor child.

[Read Order]