Gauhati High Court Cancels Bail of Accused in Horrific Child Sexual Assault Case, Orders Strict Witness Protection

On 21 July 2023, Gauhati High Court, acting on its own, has cancelled the bail granted to the accused Yumken Bagra in a heinous case of sexual assault on 21 innocent children. The accused, a Hostel Warden at a Government Residential School in Karo Village, Monigong, Shi Yomi District, Arunachal Pradesh, is alleged to have committed the grave offences between 2019 to 2022, affecting 15 girls and 6 boys aged 6 to 12 years.

The court took cognizance of the matter after being “shocked” by news articles published in “Purvanchal Prahari” and “The Arunachal Times,” which reported on the granting of bail to the accused. The Court registered a suo moto cancellation of bail application, signaling its concern for the safety of the young victims.

A thorough examination of the case records revealed the gravity of the accusations. The children, who were under the age of 15 when the alleged acts occurred, were subjected to repeated sexual assaults by the accused, who was entrusted with their care as the Hostel Warden. The victims’ statements and medical reports corroborated the horrifying incidents.

The Court, in its judgment, expressed its dismay over the casual manner in which the Special Court granted bail to the accused, despite substantial objections raised by the Special Public Prosecutor. The prosecution had highlighted the risk of witness tampering and evidence tampering as valid reasons to deny bail. Nevertheless, the accused was released on bail, much to the Court’s concern.

“The conscience of the Court has been shaken by the way in which a case of such grave magnitude and sensitive nature has been dealt with in an absolutely cavalier fashion by granting bail to the main accused without assigning any plausible reasons,” the Chief Justice remarked in the judgment.

Recognizing the urgency of the matter, the Court ordered the issuance of notice of bail cancellation proceedings to the accused Yumken Bagra, son of Late Niyum Bagra, and directed the Advocate General of Arunachal Pradesh to ensure service upon the accused through the Officer-in-Charge of the concerned Police Station.

Additionally, the Court emphasized the need for strict implementation of the Witness Protection Scheme, 2018, to safeguard the victims and their families from any potential harm. It directed the Director General of Police, Arunachal Pradesh, to put in place full security measures for all the victims and their families. 

The Court also underscored the importance of sensitizing Special Judges handling cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). It mandated that the Judicial Academy, Assam, initiate immediate training and sensitization for all Judicial Officers dealing with POCSO Act cases in the States of Assam, Nagaland, Mizoram, and Arunachal Pradesh.

The case is now set to be listed for further hearing on 27^th July 2023.                                                

D.D-21^th July 2023.  

X X X      VERSUS   IN RE- STATE OF ARUNACHAL PRADESH