The single-judge bench of Justice Anuja Prabhudessai passed an order in the pre-arrest bail plea of one Bhakti Shah, who was booked by Kandivali police last month.

The Sessions Court at Dindoshi had rejected the pre-arrest bail plea on April 15. The HC passed the order on April 24. Shah, along with other accused was arrested by Mumbai Police two days thereafter.

The bench of Justice Prabhusdessai observed, “The CCTV footage prima facie shows the involvement of the applicant in assaulting the children and subjecting them to physical cruelty. These young children, between the age group of two to four years, who were sent to play school, have been subjected to physical and mental cruelty. Suffice it to say that such acts of cruelty at such a young age can have a devastating effect not only on physical but mental well-being of children.”

“In such circumstances, this makes the offence grave and serious. Considering the nature of the accusation against the Applicant and the material thereof, I am not inclined to grant bail in favour of the applicant.”

Shah was booked for offences punishable under provisions of section 75 (person having control of child, assaults, abandons, abuses or willfully neglects the child) of the Juvenile Justice (Care and Protection of Children) Act, 2015 and under section 23 (cruelty to juvenile or child) of the Juvenile Justice (Care and Protection of Children) Act, 2020.

Co-accused teacher Jinal Chheda was also booked, allegedly for brutally assaulting and ill-treating children in her care. The FIR was registered by a parent who stated that his two-year-old son was going to the playschool in Kandivali (West) with nearly 27 other children.

On the contrary, the complainant's parent said his son was getting aggressive and scared, and the father’s initial reaction was that his son was being bullied by the other children. 

The FIR noted that the parents were “shocked” to see the two teachers hitting the young children and they were also being hit with the books on their head and were lifted and thrown on the floor, prompting the complainant to approach the police.

Counsel for the applicant, Advocate Anita Dwivedi submitted that she was falsely implicated in the case and there was no material to indicate that she subjected the children to cruelty. Dwivedi added that the applicant cooperated with the investigation and there was nothing to be recovered, therefore her custodial interrogation was not necessary.