Gujarat High Court grants bail to juvenile accused of committing sodomy on minor

The Gujarat High Court last week granted bail to a 16-year-old juvenile accused of committing sodomy on a 13-year-old boy, and threatening to kill him if he disclosed the incident to anyone. .Justice Samir Dave was hearing an application by the accused seeking quashing of an order passed by the Sessions Court and Juvenile Justice Board rejecting his bail.The Court considered the records before it, submissions by both parties and the age of the applicant, before granting him bail. "From the record before this Court and submissions made by learned advocate appearing for the applicant and learned APP appearing for the respondent-State as well as considering the age of the present applicant at 16 years and 8 months, prayer made by the present applicant requires consideration," said the single-judge. .However, while granting bail, the Court ordered that the accused shall not enter the residential society of the boy who was allegedly assaulted."If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter," the Court recorded. .The applicant approached the Court submitting that he was innocent and was falsely implicated in the offence. Further, he stated that he had no criminal antecedents. .Justice Dave placed reliance on Section 12 of the Juvenile Justice (Care and Protection) of Children Act which stipulates that when a child is apprehended for allegedly committing any offence, he shall be released on bail with or without surety, placed under the supervision of a probation officer or under the care of any person..Therefore, the application was allowed, and the Court ordered the release of the accused subject to certain conditions..The applicant was represented by advocate MB Rana while the complainant was represented by Public Prosecutor Mitesh Amin and Additional Public Prosecutor Moxa Thakkar..[Read Order]