Orissa High Court
Bisal Uthansingh @ vs State Of Odisha on 4 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV NO.173 of 2025
(An application U/S. 438 & 442 of BNSS, 2023 r/w Sec.
102 of the Juvenile Justice Care and Protection of
Childrens' Act, 2015).
Bisal Uthansingh @ .... Petitioner
Bishal
-versus-
State of Odisha .... Respondent
For Petitioner : Mr. A.K.Dash, Advocate
For Opposite : Mr. S.K.Rout, Addl.PP
Party
CORAM:
JUSTICE G. SATAPATHY
F DATE OF HEARING & JUDGMENT:04.04.2025 (ORAL)
G. Satapathy, J.
1. This criminal revision U/S. 102 of the
Juvenile Justice (Care and Protection of Children) Act,
2015 (in short "the Act") is directed against the
judgment dated 19.02.2025 passed by the learned 2nd
Addl. Sessions Judge-cum-PO-Children Court,
Berhampur in Criminal Appeal No.03 of 2025
confirming the order dated 03.02.2025 passed by the
learned JJB, Chatrapur in JGR Case No. 07 of 2025
arising out of Pattapur PS Case No. 39 of 2025
refusing to grant bail to the revision-petitioner who is
a child in conflict with law-cum-CICL for commission of
offence U/S. 20(b)(ii)(C) of NDPS Act, on the
allegation of transporting 21Kgs. of Contraband Ganja
on a motor cycle bearing Regd. No. OD20C-0383.
2. Heard, Mr.Azad Keshori Dash, learned
counsel for the revision-petitioner and Mr.S.K.Rout,
learned Addl. PP and perused the record.
3. Indisputably, bail to CICL can be refused
only on the grounds enumerated in the proviso to
Sec. 12 of the Act which prescribes that unless the
release of the child is likely to bring into association
with any known criminal or expose him to moral,
physical or psychological danger or his release would
defeat the ends of justice, the CICL be released on
bail with or without surety, but in this case, the
learned Appellate Court has not applied the materials
collected by the Investigating Agency in terms of the
proviso to Sec. 12 of the Act to refuse bail to the
CICL and thereby, the impugned order of the
Appellate Court is unsustainable in the eye of law. It
is no doubt true that the offence under NDPS Act
involving commercial quantity is a serious offence
and is against the society, but fact remains that if a
statutes caste a duty on the Court to apply a
particular provision in a particular way, then the
same has to be done in that way irrespective of the
fact that the offence is serious or heinous. In refusing
bail to the revision-petitioner, the learned Appellate
Court has observed that the action of any accused for
a similar offence under NDPS Act cannot be viewed in
isolation. On the other hand, the revision-petitioner
has been detained in Observation Home since
16.01.2025 and no criminal antecedent has been
reported against him, but the investigation has
progressed a lot.
4. On a careful scrutiny of materials placed
on record, this Court does not find any reasonable
materials to believe that the release of the revision-
petitioner would bring him into association with any
known criminal or expose him to moral, physical or
psychological danger or his release would defeat the
ends of justice. In view of the above facts and after
having considered the rival submissions and keeping
in view the other circumstances on record in entirety
and considering the case of the revision-petitioner on
the face of the proviso appended to Sec. 12 of the
Act, this Court considers it proper to admit the CICI-
cum-petitioner to bail.
5. In the result, the criminal revision
stands allowed on contest, but in the circumstance,
there is no order as to cost. Ergo, the impugned
order passed by the learned Appellate Court as well
as the order passed by the learned JJB, Chatrapur in
refusing bail to the CICL are hereby set aside and
consequently, the CICL is directed to be released on
bail by the forum in seisin over the matter on such
terms and conditions as deems fit and proper.
(G. Satapathy)
Digitally Signed Judge
Signed by: KISHORE KUMAR SAHOO
Designation: Secretary
Reason: Authentication Orissa High Court, Cuttack,
Location: High Court of Orissa
Date: 05-Apr-2025 17:59:05 Dated the 4th April, 2025/Kishore
