Orissa High Court
Tanoj Kumar Naik @ vs State Of Orissa & on 27 January, 2022
1
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 96 of 2021
An application under Section 102 of the Juvenile Justice (Care and
Protection of Children) Act, 2015.
Tanoj Kumar Naik @ .... Petitioner
Sahil
Versus
State of Orissa & .... Opp. Parties
Another
Advocates appeared in this case through Hybrid Mode :
For Petitioner : Mr. Debabrata Dash, Advocate
For Opp. Party : Mr. Sibani Shankar Pradhan,
Addl. Govt. Advocate
CORAM:
JUSTICE SAVITRI RATHO
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Date of Judgment : 27.01.2022
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Savitri Ratho, J. 1. Heard Mr. Debabrata Dash, learned counsel for the
petitioner-Child in Conflict with Law ( in short "CCL") and Mr.
Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the
State.
CRL REV No. 96 of 2021
2. Notice had been issued to the informant-Opp. Party No.2
through the I.I.C. as well as through the Registered Post with A.D.
None appears for Opp. Party No.2 when the matter is called.
3. This is an application under Section 102 of the Juvenile
Justice (Care and Protection of Children) Act, 2015, ( in short the
"JJ Act" ) for grant of bail to the CCL in connection with J.C.T.
Case No.281/62 of 2020 corresponding to Koksara P.S. Case
No.197 of 2020 in the Court of the Registrar -cum- Principal
Magistrate, Juvenile Justice Board, Kalahandi, Bhawanipatna
registered for commission of offences punishable under Sections
147/451/294/506/305/34 of the I.P.C. read with Section 12 of the
POCSO Act.
4. The prayer for bail of the CCL was rejected by the Registrar
-cum- Principal Magistrate, Juvenile Justice Board, Kalahandi,
Bhawanipatna by order dated 10.08.2020 and thereafter by the
learned Addl. Sessions Judge -cum- Special Judge, Children Court,
Bhawanipatna in Criminal Appeal No. 02 of 2020 by order dated
27.11.2020.
5. The allegations against the CCL as per the FIR is that on
31.07.2020 at about 8.30 p.m. the CCL has abused the son of the
informant over phone and threatened to kill him. On 01.08.2020,
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at about 11.30 p.m., the CCL along with other accused persons
forcibly opened the door of the house of the informant and abused
his son in obscene language and told him that his sister is his lover
and he will commit rape of her in their presence and then left the
spot. On account of this behaviour of the CCL, the daughter of the
informant committed suicide the next day by hanging herself from
a tree by means of a Odhani.
6. Mr. Dash, learned counsel for the CCL states that the CCL
was aged about 16 years at the time of occurrence and is in the
observation home since 10.08.2020. He further submits that charge
sheet has been submitted for the offences punishable under
Sections 147/451/294/506/305/34 of the I.P.C. read with Section 12
of the POCSO Act and the cause of death of the deceased has been
opined to be asphyxia caused by suicidal hanging. 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 and the decisions of
this Court and the Hon'ble Supreme Court and the absence of
cogent material on record to show that the release of the petitioner
is likely to bring him into association with any known criminal or
expose him to moral, physical or psychological danger or that his
CRL REV No. 96 of 2021
release would defeat the ends of justice, he may be released on
bail.
7. Mr. Pradhan, learned Addl. Govt. Advocate has produced
the post mortem examination report along with social investigation
report of the CCL and opposes the prayer for bail submitting that
the CCL is responsible for the death of the deceased and does not
deserve to be released on bail and he will be exposed to the other
accused persons who had accompanied him to the house of the
informant which will be detrimental to his interest.
8. I have gone through the case diary, social investigation
report and statement of the father and brother of the deceased. Her
elder brother has stated that the CCL was harassing the deceased
who was student of +2 and declaring his one sided love for her and
sending her obscene whats app messages. As she was not
interested, on 31.07.2020, he had protested against the activities of
the CCL and forbidden him to repeat his activities. On 01.08.2020
the CCL alongwith his uncle and others came to the house of
deceased and threatened her family members and threatened to rape
the deceased in front of them and tried to drag the deceased
outside. The social investigation report reveals that the father of the
CCL died about six years back and his mother is not staying with
CRL REV No. 96 of 2021
his paternal family. The CCL is in the custody of his paternal
grandmother (aunt of his late father).
9. Considering the submissions of the learned counsels, the
nature of accusations against the CCL, the mandate of Section 12
of the Juvenile Justice (Care and Protection of Children) Act 2015,
and the decisions of this Court and the Apex Court, the social
investigation report, period of his detention in custody, and the fact
that his grandfather is not an accused in the case, I am inclined to
allow this Criminal Revision and set aside the impugned orders and
direct for release of the CCL represented by his grandfather
Manibhadra Naik, on bail to the satisfaction of the learned
P.M.J.J.B., Kalahandi at Bhawanipatna in J.C.T. Case No.281/62 of
2020 corresponding to Koksara P.S. Case No.197 of 2020 on such
terms and conditions as deemed just and proper including the
following conditions:-
I. The grandfather-guardian of CCL shall furnish an
undertaking that after his release:
(i) The CCL will not be allowed to come in contact with
any criminals including the co accused in this case.
(ii) The CCL will not indulge in any criminal activity.
(iii) He will ensure that the CCL resumes his studies or
learns some activity / vocation which will enable him to
earn his living.
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II. The concerned Probation Officer / Child Welfare Officer
Kalahandi shall maintain general supervision over the CCL by
visiting his house at least once a month, to ensure that he has
resumed his studies or is learning a vocation and is not being
allowed to come in contact with any criminals.
10. The CRLREV is accordingly disposed of.
11. In view of the restrictions due to resurgence of COVID-19
situation, learned counsel for the parties may utilize a printout of
the order available in the High Court's website, at par with certified
copy, subject to attestation by the concerned advocate, in the
manner prescribed vide Court's Notice No.4587, dated 25th March,
2020, modified by Notice No.4798 dated 15th April, 2021, and
Court's Office Order circulated vide Memo Nos.514 and 515 dated
7th January, 2022.
.........................
(Savitri Ratho)
Judge
Orissa High Court, Cuttack
Dated 27th January 2022/ Sukanta
CRL REV No. 96 of 2021
