Orissa High Court
Iswar Raju @ Illu vs State Of Odisha .... Opposite Party on 24 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV NO.33 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).
Iswar Raju @ Illu .... Petitioner
-versus-
State of Odisha .... Opposite Party
For Petitioner : Mr. A.Mishra, Advocate
For Opposite : Mr. R.B.Mishra, Addl.PP
Party
CORAM:
JUSTICE G. SATAPATHY
F DATE OF HEARING & JUDGMENT:24.04.2025 (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
impugned judgment dated 28.11.2024 passed by the
learned Addl. District & Sessions Judge-cum-Special
Judge(Children's Court), Nabarangpur in Criminal
Appeal No.13 of 2024 confirming the order dated
19.10.2024 passed by the learned Principal
Magistrate, Juvenile Justice Board, Nabarangpur in JC
Case No. 28 of 2024 arising out of Nabaranpur PS
Case No. 405 of 2024 refusing to grant bail to the
revision-petitioner who is a child in conflict with law-
cum-CICL for commission of offence punishable U/Ss.
103(1)/109/3(5) of BNS, on the main allegation of
committing murder of one Kiran Harijan along with
other children-in-conflict with law and adult accused
persons in the dispute arising out of immersion of
Goddess Durga.
2. Heard, Mr.Arijeet Mishra, learned counsel
for the revision-petitioner and Mr.R.B.Mishra, learned
Addl. PP and perused the record including the Social
Investigation Report and Social Background Report of
the child in conflict with law-cum-petitioner.
3. In the Social Investigation Report, the
Social Worker DCPU, Koraput has inter alia observed
the following:-
"The economic condition of the
family is very miserable. After the death of
his father, in class 5th only he became
dropout due to his poor financial condition.
After the death of his father, in order to
support his mother, first he started working
in a fast food shop at Jeypore. By earning
money from the fast food shop, he was
financially supporting his family. But from
last two years, he had been staying at his
maternal uncle's house at Nawarangpur and
there also he was working in a fast food
shop near Nawarangpur town PS. On the
eve of immersion of Goddess Durga (Durga
puja bisarjan) while he was enjoying that
ceremony, an unexpected quarrel had
started among two groups and suddenly
one person who is a major attacked on
another person and on spot only, that
person had died. As a result, the CCL was
apprehended by the police along with the
co- accused in the case and conflicted with
the law".
4. On the other hand on perusal of the
order passed by the learned Children's Court in
appeal, it appears that the bail application of the
CICL-cum-petitioner has been considered on merits
of the case, but law is well settled that bail to child-
in-conflict with law can be refused only the on the
ground that there are reasonable grounds to believe
that the release of the CICL 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. Admittedly, bail to
the CICL is the rule, but detention is an exception.
Further, the materials on record at best discloses the
presence of the CICL-cum-petitioner at the spot of
occurrence, but the main allegation of giving fatal
blow to the deceased being directed against the adult
accused.
5. In the aforesaid facts and circumstance
and after having considered the rival submissions and
taking into consideration the proviso appended to
Sec. 12 of the JJCPC Act and keeping in view the
detention of the CICL in "Observation Home" for a
considerable period, this Court without expressing
any opinion on merits considers it proper to admit the
revision-petitioner to bail.
6. Hence, the criminal revision stands
allowed on contest, but in the circumstance, there is
no order as to cost. Consequently, the impugned
judgment passed by the learned Appellate Court so
also the impugned order of the learned JJB,
Nabarangpur in refusing bail to the CICL are hereby
set aside and the revision-petitioner-cum-CICL be
admitted to bail by the forum in seisin over the
matter on such terms and conditions as deems fit and
proper.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Dated the 24th April, 2025/Kishore
Signed by: KISHORE KUMAR SAHOO
Location: High Court of Orissa
Date: 25-Apr-2025 15:06:37
