Cuttack, March 13: A 16-year-old, who has been lodged in an observation home for the past 18 months for alleged involvement in two Maoist attacks, has been granted conditional bail by Orissa High Court so that he may study in college. The court granted bail after the boy’s father submitted an undertaking.

Babuli Hembram (16) was arrested on September 25, 2009, and charged under Section 395 of the Indian Penal Code for robbery in connection with Maoist attacks at Sagadapata railway station and Gayatri Constructions, which falls in Harichandanpur police station limits in Keonjhar district, in August-September 2009.

The juvenile has since been lodged at the observation home in Rourkela and is facing trial in both cases. Conviction could lead to life imprisonment or rigorous imprisonment that may extend up to 10 years. “Given the facts and nature of evidence as far as the petitioner (Babuli Hembram) is concerned, and the undertaking and confidence of the father of the petitioner that he shall take care of the petitioner, it is directed that the petitioner shall be released on bail by executing a bond of Rs 10,000 with one surety of like amount to the satisfaction of principal magistrate, Juvenile Justice Board, Keonjhar,” the single-judge bench of Justice C.R. Dash ordered.

“Taking note of an affidavit submitted by the father on March 8, Justice C.R. Dash granted the bail on condition that the inspector-in-charge of Daitari police station shall pay a visit to the house of the juvenile and shall ensure that he is studying in the college concerned,” counsel for the petitioner, Aswini Kumar Das told The Telegraph today.

“The high court allowed bail for the bail bond amount of Rs 10,000 in each of the two cases on additional conditions that the father and son shall appear before the inspector-in-charge of Daitari police station once every fortnight till conclusion of trial and he shall not take part in any activities of banned organisations,” Das added.

According to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, bail in respect of a juvenile is a rule. But the state counsel had opposed it expressing apprehension that the boy, who had strayed into the Maoist movement, might again take part in such activities if he were released on bail.

In view of this, the high court had on February 15 directed the boy’s father to appear in person on March 8 and file a detailed affidavit as to how he would take care of his son in the event of release on bail.

In pursuance of the court order, the boy’s father Budhiram Hembram (47) of Nuasahi, which also falls in Daitari police station limits in Keonjhar district, had filed an affidavit stating that his son was pursuing his studies as a Plus II student in Jhadeswar Mahavidyalaya.

The father said Babuli was arrested on suspicion and would now take care of the petitioner properly and would not allow him to join activities of any banned organisation. Budhiram also said his wife and daughter lived in the same house and would also take care of Babuli.