UP Court rejects bail plea of temple's priest accused of sexually assaulting minor boy

A Local Court in Uttar Pradesh on Wednesday refused to grant bail to one Mahant Om Bharti, a priest at a temple in Lucknow. Bharti is accused of sexually assaulting a minor, who used to run a flower shop on the temple's premises along with his sister and widow mother.

The Additional District and Sessions Judge (POCSO Act court) Ram Bilas Prasad passed the order noting, "The shrine to which the faith of a particular community is attached, the so-called Mahant of that shrine has exploited a child which cannot be compared with any other offence."

Stressing the graveness of the incident, Court also stated, "Human Rights Commission has said that children should be given opportunities and facilities for healthy development in a free and dignified environment...Children are the greatest gift to humanity and sexual exploitation of children is a serious crime.”

Bihari is the mahant/priest of the Math Sri Badi Kali Ji Mandir Trust. The minor boy's mother used to have a flower shop on the temple's premises, however, later on, owing to the increasing footfall, the shop was moved to an adjacent street. 

In his bail plea, Bihari had claimed that being aggrieved with this decision, the minor boy and his mother had threatened him with lodging false cases against him, and subsequently, they did file the instant case under Sections 354, 377, 511 of the Indian Penal Code and Section 7/8 of the Protection of Children from Sexual Offences (POCSO) Act.

It is alleged that after the evening prayers of the deity, Bihari used to call the boy inside his room where he used to attempt to sexually molest him. It is also alleged that on April 8, 2022, Bihari called the minor boy into his room at around 11 pm and undressed him, and attempted to perform unnatural sex with him. Thereafter, the concerned FIR was lodged. 

Allegations are also there that Bihari had attempted to sexually molest the minor boy's sister too and to keep the children's mother's mouth shut, he had offered her the ornaments and other things that had been offered to the deity. 

Court found the allegations of serious nature. Therefore, taking into account all the facts and circumstances, without commenting upon the merits of the case, Court dismissed Bihari's bail plea. 

Case Title: Mahant Om Bharti v. State of UP