Orissa High Court
Sudhanshu Debata @ vs State Of Odisha on 2 May, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.465 of 2025
(An appeal U/S.101(5) of the Juvenile Justice (Care
and Protection of Children) Act, 2015 r/w Section 413
of the Bharatiya Nagarika Suraksha Sanhita, 2023).
Sudhanshu Debata @ ... Appellant
Sudhanshu Sekhar Debata
-versus-
State of Odisha ... Respondent
For Appellant : Mr. R.K. Mahapatra,
Advocate
For Respondent : Mr. M.K. Mohanty, Addl.
PP
CORAM:
JUSTICE G. SATAPATHY
TE OF DATE OF HEARING & JUDGMENT:02.05.2025(ORAL)
G. Satapathy, J.
1. This is an appeal against the impugned order dated 27.03.2025 passed by the learned Presiding Officer, Children's Court-Cum-Additional Sessions Judge, Angul in CT(S) Case No.21 of 2025 refusing to grant bail to the appellant-CICL in an application U/S.12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short, "the Act"). CRLA No.465 of 2025 Page 1 of 5
2. Heard, Mr. Rajesh Kumar Mahapatra, learned counsel for the appellant and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. At the outset, Mr. Mahapatra supplies the photocopy of the Post Mortem Report of the deceased.
3. It is found from the record that an FIR has been lodged by one Md. Sarbare Alam against the appellant and others for a matter relating to assault on the deceased on the night before lodging of FIR, resulting in death of the deceased. It is, accordingly, alleged that due to a petty motor cycle accident involving the informant and deceased on one side and the petitioner and two others on other side, the petitioner and others had assaulted the deceased by giving fist and kick blows on 07.02.2025 at about 8 PM, but the deceased came to his house and slept and on the next date, he was found dead in his house as per the version of the informant and, thereafter, the appellant and others were apprehended and the appellant has been kept in observation home, whereas CRLA No.465 of 2025 Page 2 of 5 the adult accused have been sent to the jail. On the aforesaid background, when the appellant has moved an application before the learned PO, Children's Court for grant of bail, which came to be rejected eventually leading of filing of this revision by the appellant-CICL.
4. True it is that bail to CICL can only be refused in the event there exists grounds for believing that the release of the CICL would bring him into association with any known criminal or expose him to moral, physical and psychological danger or his release would defeat ends of justice, which is the mandate of the proviso appended to Section 12 of the Act. On perusal of the SIR which has been made available to the Court by the appellant-CICL, it appears that the occurrence had taken place due to tussle between the deceased and informant on one side and the group of appellant-CICL and some others and it also discloses that the appellant-CICL was present at the spot. It is, however, observed by the learned Children's Court that as per the clinical report, the appellant-CICL has mental capacity to understand the consequence of the act done CRLA No.465 of 2025 Page 3 of 5 by him, but it is a fact that the appellant-CICL is a student. Right now after due investigation, charge- sheet has been submitted in this case. Further, the Legal-Cum-Probation Officer (LPO) in the SIR has stated that emotionally the appellant-CICL is sound and having cordial relationship with his family members and he obeys his parents, other members of the family and also shows affection to her younger cousin and the occurrence took place between the appellant-CICL and other side due to sudden quarrel between the deceased and adult accused Anubhav Debata and the appellant- CICL has no past criminal antecedent or record and there is nothing adverse against the appellant-CICL.
5. In view of the above facts and after having considered the rival submissions and on going through the allegation as well as the provisions of Section 12 of the Act and taking into account the cause of death of the deceased as opined by the Doctor in the Post Mortem Report and keeping in view the detention of the appellant-CICL in the observation home with submission of charge-sheet together with the CRLA No.465 of 2025 Page 4 of 5 consideration of SIR, it would be just and proper to admit the appellant-CICL to bail.
6. In the result, the criminal appeal stands allowed on contest, but in the circumstance, there is no order as to costs. Consequently, the impugned order dated 27.03.2025 passed by the learned Presiding Officer, Children's Court-Cum-Additional Sessions Judge, Angul in CT(S) Case No.21 of 2025 is, hereby, set aside and the appellant-CICL be admitted to bail on such terms and conditions as deems fit and proper by the learned Court in seisin over the matter.
(G. Satapathy) Judge Orissa High Court, Cuttack, Dated the 2nd day of May, 2025/Subhasmita Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-May-2025 13:57:55 CRLA No.465 of 2025 Page 5 of 5