Itanagar: The Gauhati High Court has taken decisive action by revoking the bail previously granted to one Yumken Bagra who is facing serious allegations of sexually assaulting 21 children, aged between 6 to 15 years, over the period from 2019 to 2022.
Bagra was the hostel warden of the Government Residential School in Karo village of Shi-Yomi district during that period.
Upon learning about the grant of bail to Bagra by the local sessions court, the High Court took suo moto proceedings to cancel the bail application. Relevant records, including the bail order issued by the Special Judge, POCSO Act Cases, Yupia, at the Monigong Police Station, were obtained, as the offences were registered under Sections 10/12/14(1)/15(1)/2 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
After reviewing the records, the court observed that all 21 victims were below 15 years of age when Bagra, in a position of authority, committed the heinous acts of sexual assault against them. The charge-sheet revealed that Bagra forced the children residing in the hostel to watch pornographic content and subjected them to repeated sexual assaults, corroborated by medical reports showing signs of violence on their private parts.
The court also noted that Section 376AB of the IPC applied in this case, which requires the presence of the informant or an authorized person during the bail hearing. However, the bail order issued on February 23 did not comply with this critical provision.
Despite substantial objections raised by the special public prosecutor, who pointed out that this was the third successive bail application on the same grounds, the Special Court granted bail to the accused in an apparently nonchalant manner. The High Court expressed deep concern over this decision, considering the gravity of the offences and Bagra’s role as a hostel warden responsible for the safety of the children.
Given the seriousness of the case and the safety concerns for the victims, the High Court directed the cancellation of the bail and issued a notice to Bagra. The court also ensured that the accused would be provided with free legal aid counsel if unable to secure representation.
In addition, instructions were given to the director general of police to implement comprehensive security measures for all victims and their families, strictly adhering to the Witness Protection Scheme, 2018.
Recognizing the need for better training and sensitization, the Judicial Academy of Assam has been assigned the responsibility of conducting training programs for all Judicial Officers handling POCSO Act cases in Assam, Nagaland, Mizoram, and Arunachal Pradesh.
The families of the victims have been informed about the bail cancellation proceedings, and they will be provided with appropriate facilities and free legal aid if they wish to address the court through video conferencing from the Itanagar Permanent Bench of the Gauhati High Court.
The High Court has scheduled the case for hearing on July 27, with a strong commitment to ensuring justice for the victims and safeguarding their well-being throughout the legal process.
Also read: Arunachal: Man gets 20 years’ jail for raping minor
