Gauhati HC Cancelled The Bail Of A Hostel Warden Accused Of Raping 21 Students Under The Age Of 12

Five months after being released on bail, the hostel warden accused of raping 21 students under the age of 12 is facing suo motu bail cancellation proceedings initiated by the Gauhati High Court. The Court took action after learning about the bail grant to the accused, Yumken Bagra, Hostel Warden of the Government Residential School in Karo Village, Monigong, Shi Yomi district, Arunachal Pradesh, through news articles published in "Purvanchal Prahari" and "The Arunachal Times" newspapers.

Chief Justice Sandeep Mehta expressed shock at the manner in which the special judge handling the case under the POCSO Act granted bail to the accused on February 23. As a result, Chief Justice Mehta directed the Director of the Assam Judicial Academy to conduct a sensitization program for all judicial officers handling POCSO cases in Assam, Nagaland, Mizoram, and Arunachal Pradesh.

Furthermore, the Chief Justice directed the Advocate General to apprise the Court of the steps taken by the State of Arunachal Pradesh to protect minor victims of sexual assault across the State.

During the period from 2019 to 2022, the accused reportedly committed sexual assaults against 15 girls and 6 boys. Subsequently, he was granted bail as the trial was hindered by the co-accused, Daniel Pertin, who was evading arrest. The Chief Justice observed that the trial of the hostel warden could have proceeded independently from the co-accused's trial without any delays.

Chief Justice Mehta also criticized the POCSO court for granting bail to Bagra without hearing the informant in the case and not giving due consideration to substantial objections raised by the Special Public Prosecutor.

The High Court highlighted that the bail was granted despite the special court's acknowledgment that a grave offense had been committed, and emphasized that as a warden, the accused had the duty to guarantee the safety of the children in the hostel. However, instead, Bagra appeared to have acted in a "demonic manner," exposing the children to pornographic material before committing the heinous act. Consequently, the HC has requested responses from the accused and the state government and scheduled further hearing on July 27.

In the meantime, the Court has ordered comprehensive security measures to be implemented for all minor survivors and their families under the Witness Protection Scheme. The family members of the victims have been informed of the bail cancellation proceedings, allowing them to make submissions before the Court if they wish to be heard.