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ITANAGAR, Jul 21: The Gauhati High Court while taking suo moto action in the case of sexual abuse of 21 minors by accused Yumken Bagra, today issued intimation of bail cancellation proceedings.The case is listed again on July 27 next.
Bagra, a hostel warden, allegedly sexually assaulted 21 children (15 girls and 6 boys) aged 6 to 12 years between 2019 and 2022 at a Government Residential School in Karo Village, Monigong in Shi Yomi District of Arunachal Pradesh. The case falls under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and also includes the charge under Section 376AB of the Indian Penal Code (IPC).
The Court found that the Special Judge who granted bail to the accused had acted in disregard of the mandatory provision to ensure the presence of the informant or an authorized person during the bail hearing. The Special Court granted bail despite objections from the Special Public Prosecutor, who pointed out that this was the third successive bail application on the same grounds and that releasing the accused could prejudice the prosecution case.
The conscience of the Court has been shaken by the way in which a case of such grave magnitude and sensitive nature has been dealt with in an absolutely cavalier fashion by granting bail to the main accused without assigning any plausible reasons, the order reads.
The High Court also expressed serious concern about the safety of the victims after the accused's release and directed the issuance of a notice for the bail cancellation proceedings to Yumken Bagra. The accused was also given the option to engage his own counsel or provided free legal aid if unable to do so. The Court further directed the Advocate General to instruct the Director General of Police to implement full security measures for all victims and their family members, adhering to the Witness Protection Scheme, 2018.
The learned Advocate General shall also apprise the Court regarding the steps taken by the State of Arunachal Pradesh for giving protection to minor victims of sexual assault, across the State of Arunachal Pradesh.
In addition, the Court emphasized the need to sensitize the Special Judges dealing with POCSO Act cases in the states of Arunachal Pradesh, Nagaland, Mizoram, and Assam, and instructed the Director of Judicial Academy, Assam, to initiate training and sensitization programs. The court also allowed the family members of the victims to be heard in the proceedings and ensured that appropriate facilities and free legal aid would be provided for their representation through video conferencing.