POCSO Court Grants Rape Accused Temporary Bail for NEET Exam With Strict Victim Protection Conditions

A special POCSO court in Mumbai has granted a four-day temporary bail to an 18-year-old accused in a rape case, allowing him to appear for the NEET re-examination scheduled on June 21. The relief was granted after the court considered the circumstances of the case and imposed strict conditions to ensure the integrity of the ongoing trial and the safety of the survivor.

Special Judge S R Sharma approved the temporary bail from June 18 to June 21 on a personal bond of Rs 50,000 with a surety of an equal amount. The court directed the accused, who is currently lodged in Taloja Central Prison in Navi Mumbai, to surrender before the authorities by 2 pm on June 22, a day after the medical entrance examination.

The accused is facing charges under the Bharatiya Nyaya Sanhita (BNS) for rape and provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012. During the hearing, the survivor conveyed that she had no objection to the temporary bail, provided the accused did not threaten, intimidate or defame her or her family while outside custody.

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Counsel for the accused argued that the criminal justice system should also facilitate rehabilitation and provide young offenders with opportunities for education and reform. The defence submitted the accused's higher secondary examination certificate and provisional NEET admit card, contending that appearing for the examination under police escort would adversely affect his mental state and limit his ability to perform.

The prosecution opposed the plea, citing the seriousness of the allegations and suggesting that the accused should be permitted to appear for the examination only under police escort for a single day. However, the court observed that there were valid grounds for granting temporary bail and held that the prosecution's concerns could be addressed by imposing appropriate conditions.

While granting relief, the court directed the accused not to contact the survivor in any manner, tamper with evidence or influence witnesses connected to the case. The judge also instructed him to submit an undertaking confirming that he would appear for the examination and provide documentary proof of attendance when he surrenders before prison authorities, ensuring compliance with the temporary bail order.

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