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The juvenile gang rape accused is granted bail: The Bombay High Court

The Bombay High Court held that Reuniting the child with his family will allow him to reach his full potential because the education of the youngster, who is now an adult, cannot be further discontinued. Justice Bharati Dangre made this observation  Through the learned bench consisting of  Bharati Dangre in the case of  Sandeep Ayodhya Prasad Rajak Versus The State of Maharashtra. (Criminal Bail Application no 3838 of 2021)

FACTS OF THE CASE

The applicant was charged with gang rape, criminal assault, stalking, and criminal intimidation in accordance with the Indian Penal Code and the POCSO Act’s provisions protecting children from sexual offenses. The applicant and 5 adults were both scheduled. In 2021, a charge sheet was brought against him before the Juvenile Justice Board. The Board twice denied his bail requests before deciding that the case against him could be moved to the Children’s Court after conducting a preliminary investigation. Following the transfer of the case, the applicant made a bail request in accordance with Section 12 of the Juvenile Justice (Care and Protection of Children) Act. The Special Court also denied his request for bail because, if granted it, he may contact the victim and hurt her. Angered by the decision, the applicant filed a bail request with the High Court.

OBSERVATION OF THE COURT:

The Court noted from the factual circumstances that no risk could be established to the victim by the accused or his family. “The accusations faced by the applicant are undisputedly serious, but he must also derive the benefit of being a ‘child’, despite he being tried as an adult and the benefit of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be denied to him,” the bench concluded.

 

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Judgement reviewed by – Sudarshana Jha

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