A special POCSO court in Mumbai has granted four-day interim bail to an 18-year-old man, jailed on rape charges, to enable him to appear for the NEET re-examination scheduled for June 21.
Special judge S R Sharma on Thursday granted relief to the accused, currently lodged in Taloja Central Jail in Navi Mumbai, after the rape survivor raised no objection to her, on the condition that he assure her that he would not defame or threaten her family while granting her bail.
The court granted interim bail from June 18 to June 21 with a bail of £1,000. $50,000 with a guarantee of the same amount.
Read also | Supreme Court overturns POCSO case against man who used extraordinary force
The court ordered him to surrender himself to the authorities before 2 p.m. on June 22, the day after the medical re-examination.
The 18-year-old girl has been booked under the Bharatiya Nyaya Sanhita (BNS) Act on rape charges as well as provisions of the Protection of Children from Sexual Offenses (POCSO) Act, 2012.
Lawyer Kapil Vishwas Zodji, who represented the accused, said the criminal justice system was meant to facilitate the rehabilitation of convicted criminals and incarcerated individuals, and that the young man deserved the opportunity to appear in the medical entrance test to rectify his mistakes.
Read also | Delhi Police secures conviction in POCSO case after 8 days of trial
He pointed out that the accused needs time to prepare for the test, because conducting it under police guard would affect his psychological state.
Special Public Prosecutor Chitrali Panshekar opposed the interim bail application, citing the serious nature of the allegations against the teenager.
The prosecution suggested that the defendants should not be allowed to appear for the examination except with a police escort for one day.
Taking into consideration the secondary school examination certificate and provisional NEET admit card submitted by the defence, the court observed that there were “clear valid reasons” for releasing the accused on interim bail.
“With regard to the concerns of the prosecution side, they can be addressed by setting the required conditions,” the judge noted.
The court directed, while releasing the accused, not to contact the victim in any way, tamper with evidence, or present any inducements or threats to any person familiar with the case.
Furthermore, the judge asked the accused to provide an undertaking that he would appear for the examination and submit documents supporting his appearance upon surrender.
