A single bench of Justice Bharati Dangre in the order of August 22, which was made available on Wednesday, also noted that a child in conflict with law deserves to be reunited with his family.
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The Bombay High Court has granted bail to a 18-year-old man, who was arrested in a gang-rape case two years ago when he was a juvenile, noting that he has responded positively to the rehabilitative efforts.
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A single bench of Justice Bharati Dangre in the order of August 22, which was made available on Wednesday, also noted that a child in conflict with law deserves to be reunited with his family.
The man, who is presently lodged at an observation home in Dongri area of south Mumbai following his arrest, was booked for the gang-rape of a seven-year-old girl in 2020. He was 16 years old at that time and was sent to the observation home. He turned 18 recently.
The high court while ordering for him to be released said the education of the applicant, who is now an adult, cannot be further discontinued and reuniting him with his family would enable him to develop himself to his full potential.
"The applicant has positively responded to the rehabilitative efforts during his stay in the observation home. He deserves to be reunited and restored with his family and it would be in his best interest so that he can develop himself with full potential," Justice Dangre said.
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The man in his bail plea had claimed that his long detention in the observation home has caused disruption in his life and that if right kind of opportunities, guidance and support is made available then he has good potential.
The high court in its order said no risk could be established to the victim by the accused or his family.
Justice Dangre said the applicant deserves to be released on bail by invoking the principle of repatriation and restoration to the same socio-economic and cultural status that he was in before commission of the alleged crime.
"The accusations faced by the applicant are undisputedly serious, but he must so derive benefit of being a child and hence the benefit of the Juvenile Justice (Care and Protection of Children) Act cannot be denied to him," the court said.
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