Orissa High Court
Anil Rana vs State Of Odisha .... Opposite Party on 11 August, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV NO.249 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).
Anil Rana .... Petitioner
-versus-
State of Odisha .... Opposite Party
For Petitioner : Mr. B.B.Routray, Advocate
For Opposite : Mr. R.B.Mishra, Addl.PP
Party
CORAM:
JUSTICE G. SATAPATHY
F DATE OF HEARING & JUDGMENT:11.08.2025 (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 order dated 21.04.2025 passed by the
learned Addl. District Judge-cum-Children's Court,
Sundargarh in Criminal Appeal No. 10 of 2025
confirming the order dated 05.04.2025 passed by the
learned Principal Magistrate, Juvenile Justice Board,
Rourkela in Special GR Case No. 17 of 2025 arising out
of Uditnagar PS Case No. 104 of 2025 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. 20(b)(ii)(C)/25/29 of NDPS Act on
the main allegation of transporting 21Kgs. 40grams of
Contraband Ganja in a car.
2. Heard, Mr.Bharat Bhusan Routray,
learned counsel for the revision-petitioner and
Mr.R.B.Mishra, learned Addl. PP and perused the
record including the certified copy of the Social
Investigation Report of the child in conflict with law-
cum-petitioner as produced by the revision-petitioner.
3. Needless to say, bail can be refused to
child-in-conflict with law, if there appears 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. In this
case, there is no such fact available on the record,
however, the learned Presiding Officer Children's Court
has refused bail to CICL mainly on analysis of the
allegation and supporting materials available on record
which is contrary to the provision of law as laid down
in the proviso appended to Sec. 12 of the JJCPC Act.
Besides, the SIR prepared by the Probation Officer
states under the heading of "analysis of the case
including reasons and contributing factors for the
offence" thus:-
"During the course of enquiry, I interacted
with the parents of the CICL, the facts and
circumstances of the case is properly
observed and studied that Child has become
curious to earn money by hook or crook in
order to get what he desires, bad
companionship, inferiority has turned the
child involvement in this case. The behavior
of the child during the period of detention the
place of safety was good. He was friendly,
mixing nature with co-inmates".
4. In such view of the matter and taking
into account the mandate of the first proviso to
appended to Sec. 12 of the JJCPC Act and there being
no adverse report against the revision-petitioner for
committing any other offences, this Court considers
that the revision-petitioner has made out a case for
grant of bail.
5. Hence, the criminal revision stands
allowed on contest, but in the circumstance, there is
no order as to cost. Consequently, the impugned
order passed by the learned Appellate Court, so also
the order of the learned JJB, Rourkela in refusing bail
to the CICL are hereby set aside and the revision-
petitioner-cum-CICL be admitted to bail by the
forum/Court in seisin over the matter on such terms
and conditions as deems fit and proper.
(G. Satapathy)
Judge
Signature NotOrissa High Court, Cuttack,
Verified th
Dated the 11 August, 2025/Kishore
Digitally Signed
Signed by: KISHORE KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 12-Aug-2025 10:19:13
