A special POCSO court in Mumbai on Thursday granted four-day temporary bail to an 18-year-old accused, so that he can appear in the NEET re-exam to be held on June 21. Special Judge SR Sharma had given this decision on Thursday. However, after the judge's decision, the rape victim did not protest against it. Justice R Sharma also assured that after getting bail, he will not defame or threaten his family. For this crime the accused was lodged in Taloja Central Jail, Navi Mumbai.
The court has granted temporary bail to the accused for four days on the surety amount of Rs 50,000. Along with this, the court also directed him to surrender before the authorities before 2 pm on the next day of the medical entrance re-exam, i.e. on June 22. A case of rape has been registered against an 18 year old youth under the Indian Justice Code (BNS). Along with this, a case has also been registered under the provisions of the Protection of Children from Sexual Offenses (POCSO) Act, 2012.
The accused's lawyer, Kapil Vishwas Jode, argued that the purpose of the criminal justice system is to facilitate the rehabilitation of convicted criminals and prisoners, and young people should be given the opportunity to appear for the medical entrance examination to rectify their mistakes. He also said that the accused needs time to prepare for the exam, as being under police protection may affect his mental state.
On the other hand, Special Public Prosecutor Chaitrali Panshikar opposed the temporary bail plea citing serious allegations against the teenager. Prosecutors suggested that the accused should be allowed to take the test under police escort for only one day. On this, the court said that considering the Higher Secondary Examination certificate and provisional NEET entrance exam given by Kishore's lawyer, we have 'clear valid' grounds to grant temporary bail to the accused.
The court further said that as far as the concerns of the victim's side are concerned, they can be addressed with 'necessary conditions'. While releasing the teenager, the court directed that he will not try to contact the victim in any way, will not tamper with the evidence related to the case and will not lure or threaten any person.
Further, the judge asked the accused to submit an undertaking that he would appear in the examination and also produce documents supporting his presence at the time of surrender.
