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No bail to student who made obscene video of 14 year old girl viral
According to the media reports, the court's decision not to grant bail to the accused has set an example that children who break the law should get bail even if the crime is serious, this is an exception.
The Supreme Court refused to grant bail to a student who circulated an obscene video of his 14-year-old classmate in a school in Uttarakhand. The girl allegedly committed suicide due to the humiliation caused by this video.
According to the media reports, the court's decision not to grant bail to the accused has set an example that children who break the law should get bail even if the crime is serious, this is an exception. After the court's decision in the Uttarakhand case, the discussion on the Pune Road Accident case has intensified, in which the minor accused, who killed two people in a Porsche car, was sent to the Juvenile Court after making him write an essay of only 300 words and with other conditions. However, in this case the police is demanding strict punishment for the accused. The case of Uttarakhand can prove to be an example in the Pune case also.
On January 10 this year, the Juvenile Court, Haridwar, had rejected the bail plea of a 'child in conflict with law' in the Uttarakhand school obscene video case. A case was registered against the child under sections 305 and 509 of the IPC and sections 13 and 14 of the POCSO Act. After the High Court upheld the decision of the Juvenile Court, the accused Ladhan approached the Supreme Court through his mother.
Senior lawyer Lok Pal Singh argued in the court that the child's parents were ready to take care of him, he should not be kept in a juvenile home and his custody should be given to his mother. But the apex court bench of Justice Bela M Trivedi and Justice Pankaj Mithal, examining the High Court's decision on Monday, found the decision to deny bail to the boy justified.
Rejecting the appeal of the accused boy, the Supreme Court bench said, "After carefully considering the material placed on record, we are not inclined to interfere with the order passed by the High Court."
The girl's father had lodged a complaint with the police that the boy had shot obscene videos of her and circulated the clips among the students. Due to fear of defamation, his daughter committed suicide. Let us tell you that after the obscene video was circulated, the girl had gone missing from her house on October 22 last year and her body was later recovered.
Uttarakhand High Court judge Justice Ravindra Maithani had given a reasoned order on April 1 refusing to grant bail to the accused. "For a child in conflict with the law, every offense is bailable and he is entitled to CIL bail, irrespective of whether the offense is classified as bailable or non-bailable," he said.
However, the court further stated, "If there are reasonable grounds for believing that the release is likely to bring the 'child in conflict with law' into the company of a known criminal, placing him in moral, physical or psychological danger, or Then, if his release would defeat the ends of justice, his bail may be denied."
In this case, considering the social investigation report of the accused boy, the High Court said that he is an undisciplined child living in bad company. He needs strict discipline. The report also said that if he is released, more unpleasant incidents may happen to him.
Judge Maithani, while rejecting the bail of the accused boy, said, “The court, after considering the social investigation report, medical investigation report, school report, has considered that it is in the best interest of the child not to grant him bail. If he is released on bail, it will certainly defeat the ends of justice."