The Gujarat High Court granted bail to a 16-year-old juvenile accused of committing sodomy (unnatural sex) on a 13-year-old boy. The Court referred to Section 12 of the Juvenile Justice (Care and Protection) of Children Act, 2015 while granting bail.
The advocate for the accused MB Rana pleaded to quash the order passed by the Sessions Court and Juvenile Justice Board. “Applicant is aged about 16 years and 8 months, innocent and falsely implicated as an accused in the present offence. That applicant is residing with her widow mother and shall opt his further study in the commencing academic year”, the advocate pleaded.
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. While granting bail, the Court ordered that the accused shall not enter the residential society of the boy who was allegedly assaulted.
The Public Prosecutor Mitesh Amin for the respondent state argued that the accused juvenile forcibly took the 13-year old to the terrace of his flat while playing with his friends and committed sodomy. Then he threatened to kill the 13-year old victim if he disclosed the incident to anyone.
Single Bench of Justice Samir Dave stated, “If the breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue a warrant or take appropriate action in the matter.”
Therefore, the application was allowed, and the Court ordered the release of the accused subject to the following conditions:
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] furnish the latest and permanent address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the learned Sessions Court concerned.
