Ebiel Raita vs State Of Odisha & Another
2021 Latest Caselaw 11892 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLREV No. 383 of 2020

                 Ebiel Raita                       ....                 Petitioner
                                                        Mr. S.K. Dash, Advocate

                                           Versus
                 State of Odisha & Another      ....             Opp. Parties
                                         Mr. Sibani Shankar Pradhan, A.G.A.


                           CORAM:
                           JUSTICE SAVITRI RATHO

                                           ORDER

Order No.                                 18.11.2021

   09.      1.        This matter is taken up through hybrid mode.

2. Heard Mr. S.K. Dash, learned counsel for the petitioner and Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State.

3. Mr. Dash, learned counsel for the petitioner states that the petitioner was aged about 13 years at the time of occurrence and is in custody since 27.05.2021 and the allegation against the petitioner is that the petitioner and the victim used to go together for grazing their cows and during that they have developed physical relationship as a result of which the minor victim girl became pregnant and in the meanwhile the victim girl has delivered a child. He submits that the victim girl and the child are staying in the house of her parents. He further submits that the social investigation report of the petitioner is favourable and in view of the mandate of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, the decisions of this Court and the Hon'ble Supreme Court and there is no cogent material on record to show that the release of the petitioner is likely to bring him into

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association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice, he may be released on bail.

4. Mr. Pradhan, learned Addl. Govt. Advocate on instruction from the I.O. states that the victim girl and her child are staying in her parent's house as the father of the victim is not willing to leave them to stay in the shelter home. He submits that the CICL will harass the victim girl if he is released on bail and therefore his release will not be in the interest of justice.

5. Mr. Pradhan, learned Addl. Govt. Advocate is directed to file the case diary along with the social investigation report and the instructions received from the I.O. regarding present residence of the victim girl.

Hearing is concluded.

Judgment is reserved.

.........................

(Savitri Ratho) Judge Sukanta