[Badlapur Sexual Assault Case] “Long Lasting & Irreparable Psychological Scars To Minor Victims”: HC Denies Anticipatory Bail to School Chairman, Secretary

The Bombay High Court Today (Oct 1) denied anticipatory bail to the chairman and secretary of the Badlapur school where two minor girls aged fours years were sexually assaulted by a contract worker. Single-judge Justice RN Laddha passed the order after the two accused moved the High Court against a sessions court order. Court took into account the tender age of the victims, their trauma and also noted that the accused could tamper with evidence or pressurise witnesses.

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[Badlapur Sexual Assault Case] "Long Lasting & Irreparable Psychological Scars To Minor Victims": HC Denies Anticipatory Bail to School Chairman, Secretary

MUMBAI: The Bombay High Court on Tuesday denied anticipatory bail to the chairman and secretary of a school in Badlapur, where two four-year-old girls were sexually assaulted by a contract worker. This decision follows a tragic incident that has shaken the local community and highlighted serious concerns about the safety of minors in educational institutions.

The order was passed by Single-judge Justice RN Laddha, after the two accused school officials approached the High Court to challenge an earlier ruling by the sessions court. On September 10, the sessions court in Kalyan had rejected their plea for anticipatory bail.

In considering the appeal, the High Court took into account several factors, including the age of the victims, the potential trauma they endured, and the risk of evidence tampering by the accused. The court noted that the accused hold significant positions of authority within the school, which could allow them to influence employees or interfere with the investigation.

The court observed,

“Considering that the victims are minors, the trauma they have endured will have a profound impact on their adolescent years, leaving long-lasting and irreparable psychological scars. The applicants hold important positions in the school where the unfortunate incident took place, thus there are chances that they tamper with the evidence and pressurise the witnesses, who are employees of the school. In light of these and precedents set by the court, public prosecutor has rightly argued that this case is not suitable for bail.”

This ruling stems from an incident in August, when two kindergarten students at the school were allegedly sexually assaulted by a 23-year-old contract worker named Akshay Shinde. Following the allegations, Shinde was arrested and placed in judicial custody.

[Badlapur Sexual Assault Case] "Long Lasting & Irreparable Psychological Scars": HC Denies Anticipatory Bail to School Chairman, Secretary

In a shocking twist, Shinde was killed by police on September 23. On the day of his death, Shinde had been taken from Taloja jail for questioning in connection with a separate sexual abuse case registered by his wife. According to reports, while being transported to Thane, Shinde managed to snatch a gun from a constable, injuring him in the process. Another constable in the vehicle responded by fatally shooting Shinde.

The case, given its sensitive nature and the involvement of school, the probe in the case has been transferred to the CID.

The schools officials are yet to be arrested by the police.

Click Here to Read Previous Reports on Badlapur Sexual Assault Case

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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