‘Appears Consensual’: Mumbai Court Grants Bail to Female Teacher in Minor Sexual Assault Case
In a significant development, a Mumbai special POCSO court on July 22 granted bail to Bipasha Deepak Kumar, a 40-year-old former school teacher accused of sexually assaulting a 17-year-old male student.
Court observed that the evidence on record suggested a prior consensual relationship between the two, and noted that the formal teacher-student dynamic no longer existed as the teacher had resigned from the school in 2024.
Kumar was booked under Sections 123, 351(2), 3(5) of The Bharatiya Nyaya Sanhita, 2023 (BNS), under Sections 4, 6, 17 of The Protection of Children From Sexual Offences Act, 2012 (POCSO Act), and under Section 77 of The Juvenile Justice Act (JJ Act) following a complaint filed by the boy at Dadar Police Station. The allegations included administering sedatives, forcing alcohol consumption, and engaging in non-consensual sexual activities over several months.
According to the prosecution, the complainant, a Class XII student, had first interacted with Kumar in 2023 during a theatre event she was directing. It was alleged that she initiated a personal relationship, later introduced him to a friend (co-accused), and administered Daskid-50 tablets for a week before sexually assaulting him in her car. Further incidents allegedly took place between February 2024 and March 2025, and the accused, along with her friend, reportedly issued threats to the minor.
In her defence, Kumar denied the allegations, calling the FIR false and motivated. She contended that the boy was deeply in love with her, even tattooing her name on his body. Citing emails, messages, and gifts, her counsel argued that the complaint was a result of parental pressure fearing the continuation of the relationship once the boy turned 18. Kumar also claimed procedural lapses during her arrest, stating that the grounds of arrest were not translated into a language she understood.
Kumar further submitted that although her husband was informed of her arrest, he was not given a copy of the grounds for it. She also highlighted that she is the mother of 11-year-old twins who require her care and presence. Highlighting her clean past, her resignation from the school in April 2024, and the medical needs of her minor children, Kumar sought relief on humanitarian grounds.
Court took note of her being in judicial custody since July 3 and observed that continued incarceration would serve no further purpose as custodial interrogation was complete and trial was unlikely to begin soon.
While the prosecution and the victim opposed bail citing risks of intimidation and evidence tampering, court imposed stringent conditions to address such concerns. Kumar was directed not to contact the victim or witnesses, to remain within Mumbai unless granted permission, and to comply with all future court dates.
The bail was granted on a personal bond of Rs. 50,000 with sureties, with the court warning that any breach of the conditions would result in immediate cancellation of bail.
Case Title: Bipasha Deepak Kumar vs The State of Maharashtra
Order Date: July 22, 2025
Judge: Sabina A Malik, Special Judge, POCSO Court