Orissa High Court
Cicl(Child In Conflict With Law) vs State Of Odisha And Another .... ... on 25 November, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.554 of 2024
(In the matter of an appeal under Section 401 of the Criminal
Procedure code, 1973 read with Section 102 of the Juvenile Justice
(Care and Protection of Children) Act, 2015)
CICL(Child in Conflict with Law) .... Petitioner
-versus-
State Of Odisha and another .... Opposite Parties
Appeared in this case:-
For Petitioner : Mr. J. Panda, Advocate
For Opposite Party : Mr. T.K. Acharya,
Learned Additional Standing
Counsel
Mr. P. Mohanty, Advocate for the
informant
Appeared in this case:-
CORAM:
JUSTICE A.C. BEHERA
JUDGMENT
Date of hearing : 22.11.2024 / date of judgment : 25.11.2024
A.C. Behera, J. This revision has been filed under Section 102 of The Juvenile
Justice (Care and Protection of Children) Act, 2015 [in short the
(„J.J.(C&P) Act, 2015‟)] by the Child in Conflict with Law (in short
„CICL‟) being the petitioner challenging the dismissal order of the
Criminal Appeal No.07 of 2024 passed on dated 16.07.2024 by the
learned Additional Sessions Judge, Bhawanipatna confirming an order
i.e. refusal of his bail passed by Juvenile Justice Board, Kalahandi,
Bhawanipatna on dated 09.05.2024 in J.C.T. No.18 of 2024 arising out of
Narla P.S. Case No.104 of 2024.
2. The factual backgrounds of this revision under Section 102 of The
J.J. (C&P) Act, 2015, which prompted the CICL(petitioner) for filing of
the same is that, he (CICL/Petitioner) was brought before the Juvenile
Justice Board, Kalahandi, Bhawanipatna stating his involvement in
situations with minor victim, but, The Juvenile Justice Board, Kalahandi,
Bhawanipatna sent the CICL to the observation Home and refused his
prayer for bail on dated 09.05.2024 assigning the reasons that,
"releasing the CICL on bail would expose him to moral
and psychological danger and would be detrimental to
the interest of the CICL."
3. For which, the CICL challenged the said rejection order of his bail
preferring an appeal vide Criminal Appeal No.07 of 2024 under Section
101 of The J.J. (C&P) Act, 2015 before the learned Additional Sessions
Judge, Bhawanipatna being the appellant.
The learned appellate court dismissed that Criminal Appeal No.07
of 2024 of the CICL on dated 16.07.2024 and confirmed the order of
rejection of his bail passed by the Juvenile Justice Board, Kalahandi,
Bhawanipatna assigning the reasons that,
"according to the situations relating to this matter, it is
not proper to release the CICL on bail, as there is
possibility of his exposure to moral, physical and
psychological danger and coming in contact with any
bad associate."
4. So, the CICL filed this revision under Section 102 of The J.J.
(C&P) Act, 2015 challenging the above dismissal order dated 16.07.2024
passed by the learned Appellate Court in Criminal Appeal No.07 of 2024.
5. I have already heard from the learned counsel for the
petitioner(CICL), learned counsel for the informant and the learned
Additional Standing Counsel for the State.
6. During the course of hearing, the learned counsel for the
petitioner(CICL) submitted that, the orders passed by the Juvenile Justice
Board, Kalahandi, Bhawanipatna in J.C.T. Case No.18 of 2024 as well as
by the appellate court in Criminal Appeal No.07 of 2024 for the refusal
of bail of the CICL(petitioner) are not in conformity with law, for which,
the said orders are not sustainable under law, to which, the learned
Additional Standing Counsel for the State as well as the learned counsel
for the informant objected contending in support of the reasons assigned
above by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well
as by the learned appellate court for the refusal of bail of the
CICL(petitioner).
7. 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.
8. The necessary essentials indicated above in (i) & (ii) of the proviso
of Sub-section(1) to Section 12 of The 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.
9. As per The J.J.(C&P) Act, 2015, the nature and gravity of the
situations/circumstances relating to the involvement of the CICL into the
same will be of 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 situations/circumstances.
The J.J.(C&P) Act, 2015 is a beneficial legislation, which has been
enacted to reform the child.
As per Section 3(i) and (iv) of the said Act, 2015, all decisions
regarding the child shall be passed for the "best interest" of the
child(CICL) in order to help the child to develop his/her full potential
presuming the CICL "to be an innocent."
Therefore, in all orders pertaining to a CICL has to be a
reformative approach for no other reason, but, only for promoting the
well-being of the child(CICL).
10. 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 and gravity of the situation/circumstance, 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 assigning clear and valid reasons
regarding the applicability of the proviso to Section-12 of The J.J.(C&P)
Act, 2015, otherwise not.
11. On this aspect, the propositions of law has already been clarified
by the Hon‟ble Courts and the 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 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) 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.
(iii) 2011(4) Cro,es-204(Jharkhand) : Manish Kumar vrs.
The State of Jharkhand--J.J.(C&P) Act, 2015--
Section 12--Bail--Bail to Juvenile is rule and refusal is
an exception.
When the case of the CICL does not come within
proviso to Section 12, then the CICL is deserved for bail.
(iv) 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."
(v) 2016(4) Crimes-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 matter, bail to
a juvenile should not be ordinarily refused.
(vi) CRR 53 of 2021(O&M) (P&H) : Vishvas vrs. State of
Punjab (dated on 08.02.2021) Para-16--J.J. (C&P)
Act, 2015--Section 12--Bail--The social investigation
would enable the Board to come to a conclusion as to
whether there are any grounds of denying bail as per the
proviso to Section 12(1) of the J.J.(C&P) Act, 2015.
Therefore, it is incumbent upon the J.J. Board to take
into consideration the social investigation report and
make an objective assessment of the reasonable grounds
for rejecting the bail application of the juvenile.
Because, the social investigation report is to identify and
understand the circumstances of the child in question,
what may have led to the alleged incident.
12. It is the mandate of Section 3 (viii) of The J.J.(C&P) Act, 2015 in
administration of that Act that,
"The Central Government, The State Governments, the
Board, and other agencies, as the case may be, while
implementing the provisions of this Act, shall be guided by the
following fundamental principles, namely:-
(i) xx xx xx xx
(ii) xx xx xx xx
(iii) xx xx xx xx
(iv) xx xx xx xx
vi) xx xx xx xx
(vi) xx xx xx xx
(vii) xx xx xx xx
(viii) Principle of non-stigmatizing semantics-Adversarial or
accusatory words are not to be used in the processes pertaining to
a child.
(ix) xx xx xx xx "
xx xx xx xx
13. In this revision at hand, the impugned orders passed by the
Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the
learned appellate court pertaining to the CICL(petitioner), those are
under challenge in this revision are not free from the use of accusatory
words, for which, the said orders are not in proper administration of the
Act, i.e., The J.J.(C&P) Act, 2015.
On this aspect, the propositions of law has already been clarified
by the Hon‟ble Courts in the ratio of the following decision:-
2021(2) Crimes 107(Patna) : Sumit Kumar vrs. State of
Bihar--Any order relating to a juvenile passed by any
court shall have no effect in eyes of law, if the same be
passed in non-conformity with provisions of Juvenile
Justice Act, 2015.(Para-11)
14. Neither the Juvenile Justice Board, Kalahandi, Bhawanipatna nor
the learned appellate court has referred or perused any social
investigation report for ascertaining, whether, the release of the CICL on
bail will bring him into association with any known unsocial person or
will expose him to moral, physical or psychological danger or his release
would defeat the ends of justice, for which, it is held that, the reasons
assigned by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well
as by the learned Additional Sessions Judge-cum-Special Judge,
Bhawanipatna in J.C.T. No.18 of 2024 and in Criminal Appeal No.07 of
2024 respectively for the refusal for bail of the CICL on presumptions,
surmises/inferences and guess works without referring social
investigation report cannot be sustainable under law. Because, the prayer
for bail of CICL cannot be considered dehors(without) social
investigation report. Therefore, the non-consideration of social
investigation report has rendered the impugned orders as illegal.
As such, the impugned orders passed by the Juvenile Justice
Board, Kalahandi, Bhawanipatna as well as by the learned appellate court
for the refusal of bail of the CICL(petitioner) are not sustainable under
law for the following reasons:-
(i) the impugned orders have been passed using accusatory words
pertaining to CICL in contravention with Section 3(viii) of The
J.J.(C&P) Act, 2015.
(ii) absence of any material in the record to show that, the CICL was
subjected to any form of abuse or was a victim of any similar
situation earlier or was mixed with any bad associate earlier.
(iii) absence of any material to show about any immediate chance in
repeating the similar circumstance by the CICL.
(iv) absence of any material to show about any possibility or chance
of fleeing away from the process of justice, in case of release of
the CICL on bail.
(v) passing of the impugned orders in contravention with law
without any social investigation report and absence of any
material in the record to show that, the father-guardian of the
CICL has any bad record, rather the father-guardian of the CICL
has sworn through an affidavit that, he will take proper care of
the CICL being his natural father guardian after release of the
CICL on bail.
So, for the reasons assigned above, there is justification under law,
for making interference with the impugned orders through this revision
filed by the CICL(petitioner).
As such, there is merit in this revision filed by the petitioner
(CICL). The same must succeed.
15. In result, the revision filed by the CICL(petitioner) is allowed on
merit.
The impugned orders dated 09.05.2024 and 16.07.2024,
respectively passed by the Juvenile Justice Board, Kalahandi,
Bhawanipatna in J.C.T. No.18 of 2024 as well as by the learned
Additional Sessions Judge, Bhawanipatna in Criminal Appeal No.07 of
2024 are set aside.
16. The prayer for bail of the CICL(petitioner) in J.C.T. No.18 of 2024
is allowed.
17. The Juvenile Justice Board, Kalahandi, Bhawanipatna is directed
to release the CICL(petitioner) on bail in J.C.T. No.18 of 2024 with
required bail bond or bail bonds imposing lawful conditions as it deems
fit and proper with a compulsory condition that:-
The natural father-guardian of the CICL shall furnish an
undertaking that, he will not allow the CICL to mix with
his any bad associate and shall not allow the CICL to be
involved with any similar situations/circumstances.
18. Accordingly, this criminal revision is disposed of finally.
Registry is directed to transmit the copies of this order to the
appellate court in reference to Criminal Appeal No.07 of 2024 as well as
Juvenile Justice Board, Kalahandi, Bhawanipatna in reference to J.C.T.
No.18 of 2024 forthwith for information and lawful actions/compliances
to the directions made above.
( A.C. Behera )
Judge
Orissa High Court, Cuttack
Signature NotTheVerified th
25 of November, 2024/ Jagabandhu, P.A.
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, CUTTACK
Date: 25-Nov-2024 17:05:12
