Bombay HC Denies Pre-Arrest Bail To School Officials In Badlapur Sexual Assault Case

The chairman and secretary of a school in Badlapur, Maharashtra, where two young girls were reportedly sexually molested by a now-deceased male attendant, Akshay Shinde, were denied pre-arrest bail on Tuesday by the Bombay High Court, in a major decision.

Court Highlights Accountability

Justice RN Laddha, presiding over the case, emphasized the seriousness of the allegations, stating that there is prima facie evidence indicating that the accused were aware of the incident prior to August 16 but failed to take appropriate action. “The victims are minors. The trauma that they have endured can profoundly affect their adolescent years, leaving them with lasting psychological scars,” the court remarked. The judge noted that the accused, responsible for managing the school, had knowledge of the complaints raised by the victims’ parents yet chose not to report the incident to the authorities.

Delay Attributed to Negligence

The court further stated that the delay in filing the sexual assault case was “primarily due to the applicants’ negligence for reasons known only to them.” It reiterated that there is a legal obligation for individuals to report any offense they are aware of. Notably, the court also pointed out the absence of CCTV footage from the day of the incident, raising concerns about the management’s response to the situation.

Missing Accused and Police Criticism

In a separate development, the Bombay High Court reprimanded the Special Investigation Team (SIT) for its failure to apprehend two trustees of the school who are accused in the case. During the hearing, a division bench of Justices Revati Mohite Dere and Prithviraj Chavan questioned the police’s efficiency, asking, “The police goes to any extent to nab an accused. How come they have not been able to apprehend these two? Are they waiting for them to get anticipatory bail?”

The Advocate General, Birendra Saraf, assured the court that the police were taking all necessary steps to locate the absconding accused. The court has scheduled the next hearing for October 23, as the investigation continues into this troubling case involving the safety of minors.