Bombay High Court grants bail to juvenile gang rape accused; says he responded positively to rehabilitative efforts

The Bombay High Court recently granted bail to a juvenile gang rape accused after noting that the boy had responded positively to the rehabilitative efforts and that a child in conflict with law deserves to be reunited with his family..Justice Bharati Dangre observed that the education of the child, who is now an adult, cannot be further discontinued and reuniting him with his family would enable him to develop himself to his full potential.“The applicant has positively responded to the rehabilitative efforts, during his stay in the Observation Home, which is in tune of the Act of 2015. He deserves to be reunited and restored with his family and it would be in his best interest so that he can develop himself with full potential,” the judge noted.She emphasized that he deserves to be released on bail by invoking the principle of repatriation and restoration to the same socio-economic and cultural status that he was in before commission of alleged crime.With these remarks, the Court granted bail to the applicant, a boy, who was accused in the gang-rape of a minor girl in 2020..The applicant was booked for the offences of gang rape, criminal assault, stalking, criminal intimidation under the Indian Penal Code as well as provisions of the Protection of Children from Sexual Offences (POCSO) Act.The applicant was booked along with 5 adults. A chargesheet came to be filed against him before the Juvenile Justice Board in 2021.The Board rejected his bail application twice and after a preliminary assessment came to a conclusion that the trial against him can be transferred before the Children’s Court.Once the proceedings were transferred, the applicant filed for bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act.The Special Court also rejected his bail application, noting that if released on bail, he may contact the victim and may harm her.Aggrieved by the order, the applicant moved High Court seeking bail..Advocate Maharukh Adenwala, appearing for the applicant, submitted that he had been deprived of his education and his long detention in the Observation Home disrupted his life badly.In fact, the Child Guidance Clinic (CGC) reported, she contended, has shown as having good potential to excel if right kind of opportunities, guidance, support and education are made available to him.She also pointed out that the uncle of the applicant was willing to receive him and keep him in his home in Mumbai. Additionally, an NGO in Mumbai was willing to rehabilitate him.Additional Public Prosecutor AA Takalkar opposed the bail plea citing the nature of offence committed by the applicant.The application was also opposed by Advocate Saveena Bedi Sachar for the complainant, who pointed out that the being accused in a heinous offence, the applicant did not deserve to be released on bail.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..[Read order]