Last Week the Gujarat High Court bench comprising Justice Samir Dave ordered that the accused not enter the residential society of the boy who was allegedly abused while granting bail.
Last Monday, the Gujarat High Court granted bail to a 16-year-old teenager accused of sodomising a 13-year-old boy and threatening to murder him if he told anybody about it. The accused was requesting that an order issued by the Sessions Court and Juvenile Justice Board refusing his bail be quashed, and Justice Samir Dave was hearing the case.
Before granting bail to the applicant, the Court weighed the records in front of it, the parties’ submissions, and his age.
“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 Court
However, the Court directed that the accused not enter the residential society of the boy who was reportedly abused while granting bail.
“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 ordered
The petitioner went to court claiming that he was wrongfully accused of the crime and that he was innocent. He also maintained that he had no criminal history.
When a child is seized for allegedly committing any offence, he is released on bail with or without bond, placed under the supervision of a probation officer, or placed in the care of any person, according to Section 12 of the Juvenile Justice (Care and Protection) of Children Act.
As a result, the application was granted, and the Court ordered the accused’s release under specific terms.
Advocate MB Rana represented the applicant, while Public Prosecutor Mitesh Amin and Additional Public Prosecutor Moxa Thakkar represented the complainant.
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