19-year-old who abused minor granted bail due to regressive jail environment

MUMBAI: The Bombay High Court on Tuesday granted bail to a 23-year-old accused of sexually abusing his friend’s sister, who was 13 at the time, on the grounds that the two were in a consensual relationship when he was 19. A single-judge bench of Justice Milind Jadhav granted bail to the young adult to protect him from “the regressive influences of the jail environment.”

As per the First Information Report (FIR) registered with the Nerul Police Station on August 24, 2021, the accused and the victim knew each other for one and half years before February 8, 2021, the date on which the first incident of alleged sexual abuse took place.

The court observed that a reading of the FIR showed that the two were in a consensual relationship and had been regularly meeting from the time they knew each other till the date of the FIR. The court also observed that the act between the duo was consensual and that the 19-year-old had no criminal antecedents. It said the material does not indicate any force being engaged by the 19-year-old over the prosecutrix the survivor during their relationship, rather both incidents are consensual.

“Prosecutrix has admitted that even after the second incident, she met the applicant regularly thereafter. It is seen that multiple decisions of the Supreme Court and High Court have favoured the release of young offenders on bail pending trial especially in consensual relationships so that the regressive influences of the jail environment can be avoided and keeping in mind the principle of best interest in the aforesaid circumstances,” the court said, while granting bail to the young man.

He has been granted bail on the condition that he shall not attempt to re-associate with the prosecutrix in any manner, through a device or in person, and shall not reside in the jurisdiction of the Police Station wherein she resides until the trial is concluded.