Orissa High Court
Bikash Palei @ Sankur vs State Of Odisha .... Opposite Party on 4 November, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.248 of 2024
(An application under Section 102 of the Juvenile Justice (C & P)
Act, 2015)
Bikash Palei @ Sankur .... Petitioner
-versus-
State of Odisha .... Opposite Party
Appeared in this case:-
For Petitioner : Mr. Rabi Narayan Mohanty,
Advocate
For Opposite Party : Ms. Samapika Mishra,
Additional Standing Counsel
CORAM:
JUSTICE A.C. BEHERA
JUDGMENT
Date of hearing : 29.10.2024 / date of judgment : 04.11.2024
A.C. Behera, J. This is a criminal revision, which has been filed under
Section 102 of the J.J. (C&P) Act, 2015 by the petitioner (CICL) against
the judgment of dismissal of Crl. Appeal No.36 of 2024 passed on dated
30.04.2024 by the learned 4th Additional Sessions Judge-cum-Children's
Court, Bhubaneswar confirming an order of refusal of bail of the
petitioner (CICL) passed on dated 18.04.2024 by the PMJJB,
Bhubaneswar in JGR No.47 of 2024 arising out of Balipatna P.S. Case
No.160 of 2024.
2. The factual backgrounds of this revision, which prompted the
petitioner (CICL) for filing of the same is that, on the basis of written
report lodged by the wife of the deceased Akshaya Kumar Majhi at
Balipatna Police Station on dated 18.03.2024 alleging the killing of her
husband on dated 17.03.2024 at about 8:30 P.M. by some persons named
in that written report involving the petitioner (CICL) with that incident,
the petitioner (CICL) was brought by the police on dated 19.03.2024 and
produced before the PMJJB, Bhubaneswar in JGR No.47 of 2024 arising
out of Balipatna P.S. Case No.160 of 2024 alleging allegations under
Section 341, 323, 324, 302, 120 B/34 of the IPC and he(CICL) was sent
to juvenile Home by the order of PMJJB. Thereafter, the prayer for bail
of the CICL was refused by the PMJJB, Bhubaneswar on dated
18.04.2024 assigning the reasons that, "as the materials reveal prima
facie involvement of the CICL with the alleged incident and as the
allegations are serious in nature and as it reveals from the social
investigation report (SIR) that, the CICL was involved with the alleged
incident by the influence of his family members and as most of his
family members are under detention inside the bar, for which, the board
does not feel to enlarge the CICL on bail at this stage."
3. On being dissatisfied with the above order of refusal of bail of the
CICL passed on dated 18.04.2024 by the PMJJB, Bhubaneswar in JGR
No.47 of 2024, he (CICL) preferred an appeal under Section 101 of
J.J.(C&P) Act, 2015 vide Crl. Appeal No.36 of 2024 challenging the
same being the appellant before learned 4th Additional Sessions Judge-
cum-Children's Court, Bhubaneswar.
4. After hearing, the learned Appellate Court dismissed that Crl.
Appeal No.36 of 2024 of the CICL as per its judgment dated 30.04.2024
confirming the order of refusal of his bail passed on dated 18.04.2024 in
JGR No.47 of 2024 by the PMJJB, Bhubaneswar assigning the reasons
that, "as the allegations against the CICL(appellant) are serious in nature
and as it reveals from social investigation report that, he (CICL) may
involve in other similar nature of incidents due to his family and
circumstantial pressure and as there is reasonable ground for believing
that, the release of CICL on bail may involve him in similar type of
incident and as there is danger to the life of CICL, in case of his release
on bail, for which, his stay inside the observation home is more protected
and as it appears that, if he (CICL) will be released on bail, he may be
influenced by his friends and may involve with unlawful incidents
without knowing the consequences thereof, which will expose him to
moral and psychological danger, for which, for the interest of the CICL
i.e. for his safety and wellbeing and to prevent him (CICL) from being
exposed to the harmful influence by others, his bail application stands
refused and the Crl. Appeal No.36 of 2024 of the CICL is dismissed."
Thereafter, he (CICL) challenged the above dismissal order of his
Crl. Appeal No.36 of 2024 passed on dated 30.04.2024 by the learned 4th
Additional Sessions Judge-cum-Children's Court, Bhubaneswar by filing
this Criminal Revision No.248 of 2024 under Section 102 of J.J.(C&P)
Act, 2015 being the petitioner.
5. Heard from the learned counsel for the petitioner (CICL) and the
learned Additional Standing Counsel for the State (opposite party) only,
as the informer of the alleged incident, did not choose to participate in
the hearing of this revision in spite of receiving notice for the same
through learned Additional Standing Counsel for the State.
6. During the course of hearing of this revision, the learned counsel
for the petitioner (CICL) submitted that, as there is no scope for any
psychological danger of the CICL (petitioner), in case of his release on
bail, for which, his prayer for bail should not have been refused by the
PMJJB, Bhubaneswar as well as by the learned Appellate Court, to
which, learned Additional Standing Counsel objected contending in
support of the reasons assigned above by the PMJJB, Bhubaneswar as
well as the learned Appellate Court for the refusal of the bail of the
CICL (petitioner).
As per the provisions of law envisaged in the proviso to sub
Section (1) of Section 12 of the J.J.(C&P) Act, 2015, the CICL can be
denied with the privilege of bail, only if, the Court is of the opinion that,
(i) there appears reasonable grounds for believing that, the release of
CICL on bail shall bring him into association with any known criminal
or (ii) shall expose him to moral, physical and psychological danger or
that his such release would defeat the ends of justice.
7. The necessary essentials indicated above in (i) and (ii) of the
proviso to Sub-section(1) of Section 12 of J.J.(C&P) Act, 2015 must be
there in the record to make out any of the above grounds out of two,
which may persuade the Court not to release the CICL on bail.
8. As per the J.J.(C&P) Act, 2015, the nature and gravity of the
allegations alleged against the CICL has no significance for
consideration of bail of the CICL. So, the CICL has to be released on
bail irrespective of the nature and gravity of the allegations alleged
against him.
The J.J.(C&P) Act, 2015 is a beneficial legislation, which has
been enacted to reform the child. The solemn purpose/object of the
J.J.(C&P) Act, 2015 is to achieve betterment of the child including the
CICL. It has a reformative approach. If it is found that, the ends of
justice would be benefited or the desired goal of the legislation can be
achieved by detaining a CICL in a Juvenile Home, only in that case, bail
of the CICL can be denied.
9. Therefore, as per the mandate of the provisions of Section 12 of
the J.J.(C&P) Act, 2015, a CICL has to be released on bail, irrespective
of the nature of allegations, because, bail for the CICL is the rule and
refusal is an exception. The right of privilege of bail of the CICL can be
denied, only on the basis of sufficient materials with clear and valid
reasons for the application of the proviso to Section 12 of the J.J.(C&P)
Act, 2015.
10. On this aspect, the propositions of law has already been clarified
by the Hon'ble Courts and Apex Court in the ratio of the following
decisions :-
(i) 2020(2) OJR-73(S.C.) : Exploitation of
Children in Orphanages in the State of Tamil
Nadu vrs. Union of India and others-- J.J.(C&P)
Act, 2015-- Sections 10 & 12--Bail--The only
embargo created for bail of the CICL is that, (i) in
case the release of the child is likely bring into
association with known criminals or (ii) expose the
child to moral, physical or psychological danger or
where the release of the child would defeat the ends
of justice.
(ii) 2016(1) CLT Crl. (Supp.)-Criminal-17 :
Pankaj Kumar Malik vrs. State of Odisha--
J.J.(C&P) Act, 2015--Sections 12 & 53--Bail--
Release on bail of the CICL is a rule, but refusal is
an exception, which can only be done in the
existence of circumstances detrimental to the
interest of the CICL or if the same would defeat the
ends of justice--Heinousness and seriousness of an
offence has got nothing to do in consideration of the
prayer for bail.
(iii) 2016(4) Crime-78(Madras) : Vigneshwaran @
Vignesh Ram vrs. State-- J.J.(C&P) Act, 2015--
Section 12--Bail--So far as juveniles are
concerned, grant of bail is the rule and non-grant of
bail is only an exception.(Para-7)
(iv) 2016(4) Crime-188(Allahabad): Amit Yadav
Alias Monu Alias Bebo vrs. State of U.P. and
Anr.-- J.J.(C&P) Act, 2000--Section 12--Bail--If
there are no imminent chances of his repeating the
crime, bail to a juvenile should not be ordinarily
refused.
(v) 2009 Cr.L.J. : A Juvenile vrs. State of Orissa
2002(Orissa)
"A Juvenile needs parental protection and guidance
to bring him back to the main-stream of the society
from which he has strayed. Thus, his release on bail
would aid the ends of justice rather than defeat it."
(vi) Suo Motu Writ Petition(Civil) No.04 of
2020(S.C.)
The JJBS and Children's Court shall
consider in taking steps to release all children on
bail, unless there are clear and valid reasons for the
application of the proviso to Section 12 JJ(C&P)
Act, 2015 for the refusal of their bails.
11. Here, in this matter at hand, when there is no reflection/indication
either in the impugned order of PMJJB or in the impugned judgment of
the Appellate Court or in the social investigation report that, the CICL
(petitioner) was subjected to any form of abuse or he was victim of any
incident earlier or he was with bad association earlier and when there are
indications in the social investigation report on inference that, he (CICL-
petitioner) may involve in similar type of incidents or he may be
influenced by his friends or may involve in any illegal incidents without
knowing the consequence thereof in case of his release on bail and when
there is no reasonable apprehension of his fleeing away from the process
of justice in case of his release on bail and when his aunt has filed an
affidavit that, she along with her husband shall take proper care of the
CICL (petitioner) preventing him from coming in contact with any bad
association and she along with her husband shall look after him (CICL)
properly, as the parents of the CICL are presently not in the house to look
after him, then at this juncture, in view of the propositions of law
enunciated in the ratio of the above decisions of the Hon'ble Courts and
the Apex Court concerning the bail of a CICL like the petitioner, the
impugned order and judgment concerning the rejection of bail of the
CICL (petitioner) passed by the PMJJB, Bhubaneswar in JGR No.47 of
2024 and by the learned Appellate Court in Crl. Appeal No.36 of 2024
merely on the basis of presumptions and inferences/guess work on the
grounds that, he (CICL) may involve in similar type of incidents on being
influenced by his friends in case of his release on bail without any
definite/specific substance/basis without any clear and valid reasons for
the applicability of the proviso to Section 12 of J.J.(C&P) Act, 2015
cannot be sustainable under law.
For which, there is justification under law for making interference
with the impugned order and judgment passed by the PMJJB,
Bhubaneswar as well as by the learned Appellate Court through this
revision filed by the CICL (petitioner).
12. As such, there is merit in the revision of the petitioner (CICL). The
same must succeed.
13. In result, the revision filed by the CICL (petitioner) is allowed on
merit.
14. The impugned order dated 18.04.2024 passed by the PMJJB,
Bhubaneswar in JGR No.47 of 2024 and the impugned judgment dated
30.04.2024 passed by the learned 4th Additional Sessions Judge-cum-
Children's Court, Bhubaneswar in Crl. Appeal No.36 of 2024 are set
aside.
15. Therefore, the prayer for bail of the CICL (petitioner) in JGR
No.47 of 2024 is allowed.
16. The learned P.M., Juvenile Justice Board, Bhubaneswar is directed
to release the CICL (petitioner) on bail in JGR No.47 of 2024 with
required bail bond or bail bonds imposing lawful conditions as it deems
fit and proper for the best interest of the CICL (petitioner) as per
J.J.(C&P) Act, 2015.
17. Accordingly, this Criminal Revision is disposed of finally.
Registry is directed to transmit the copies of this judgment to the
learned Appellate Court in reference to Crl. Appeal No.36 of 2024 as
well as PMJJB, Bhubaneswar in reference to JGR No.47 of 2024
forthwith for information and lawful compliances on the basis of this
judgment.
( A.C. Behera )
Judge
Orissa High Court, Cuttack
The 4th of November, 2024/
Utkalika Nayak, Jr. Stenographer.
Designation: Junior Stenographer
Location: High Court of Orissa, Cuttack
Date: 04-Nov-2024 14:58:53
