[Cites 5, Cited by 0]
Orissa High Court
Akash Behera vs State Of Orissa & Another ... Opposite ... on 16 December, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.582 of 2025 IA No.1353 of 2025
(An application U/Ss.438 and 442 of BNSS, 2023 r/w
Section 102 of the Juvenile Justice (Care and Protection
of Children) Act, 2015).
Akash Behera ... Petitioner
-versus-
State of Orissa & Another ... Opposite Parties
For Petitioner : Mr. S.R. Rout, Advocate
For Opposite Parties : Mr. A. Pradhan, Addl. PP
Ms. S. Nanda, Advocate
(informant)
CORAM:
JUSTICE G. SATAPATHY
TE OF DATE OF HEARING & JUDGMENT:16.12.2025(ORAL)
G. Satapathy, J.
1. In view of the submission as advanced for
the petitioner, the IA No.1353 of 2025 stands disposed of
as not pressed.
CRLREV No.582 of 2025
2. 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 04.08.2025 passed by the learned PO, Children's
Court-cum-Court of Addl. Sessions Judge, Angul in Cri.
App. No.02 of 2025 confirming the order dated
21.07.2025 passed by the learned JJB, Angul, in JD No.62
of 2025 arising out of Angul PS Case No.458 of 2025
refusing to grant bail to the revision-petitioner, who is
Child-In-Conflict With Law (CICL) for commission of
offence punishable U/Ss.137(2)/ 142/ 96/ 62(2)(m)/
65(1)/3(5) of BNS r/w Sec.4(2)/ 6(1)/ 17 of POCSO Act,
on the main allegation of kidnapping the victim and
committing rape and aggravated penetrative sexual
assault upon her.
3. Heard, Mr. Smuti Ranjan Rout, learned
counsel for the revision-petitioner; Ms. Sasmita Nanda,
learned counsel for the informant and Mr. A. Pradhan,
learned Addl. PP in the matter and perused the record.
4. Admittedly, the petitioner is a Child in
Conflict with Law, but he is in detention home since
18.07.2025 and in the meantime, charge-sheet has
already been submitted. Bail to the CICL is the rule, but
detention of the CICL in observation home is an
exception, however, the CICL can be detained in
observation home, if his release on bail would bring him
into association with any known criminal or expose him to
moral, physical or psychological danger or his release
would defeats the ends of justice. In this case, both the
CICL and the victim are admittedly students. The
petitioner-CICL is the only son of his parents and it is
observed by legal-cum Probation Officer, DCPU in the
Social Investigation Report (SIR) that due to excessive
love and affection from his parents, the CICL has become
unruly and deviated from normal path. It is also alleged
that the petitioner has eloped with the victim girl, but the
petitioner is not having any criminal antecedents and the
behavior and conduct of the CICL in the observation
home is good as found by the LPO in SIR. The aforesaid
facts and the positive finding of the LPO in the SIR with
regard to the conduct of the petitioner, this Court
considers that the petitioner does not come within the
purview of the refusal of bail on the grounds as indicated
in the proviso to Sec.12 of the Act. In that view of the
matter and taking into consideration the nature and
gravity of the offences as alleged against the CICL vis-à-
vis the accusation sought to be brought against him and
keeping in view the totality of the other circumstances on
record including the conduct of the petitioner and his
status as a student and balancing the same with regard
to the future of the victim, this Court without expressing
any view on merit considers it proper to admit the CICL
to bail, but subject to certain conditions.
5. In the result, the criminal revision stands
allowed on contest, but in the circumstance, there is no
order as to cost and the impugned order passed by the
learned learned PO, Children's Court-cum-Court of Addl.
Sessions Judge, Angul is hereby set aside, so also the
order passed by the learned JJB, Angul, in JD No.62 of
2025 arising out of Angul PS Case No.458 of 2025 in
refusing bail to the CICL. Consequently, the CICL-cum-
Petitioner be released on bail by the forum/Court in seisin
over the matter on such terms and conditions as deems
fit and proper by it with following conditions:-
(i) the father guardian of the petitioner shall
ensure that the petitioner shall not contact the
victim or visit her house or her village till
disposal of the case,
(ii) the petitioner shall regularly go to the
college and devote time for his study,
(iii) the petitioner shall not threaten the victim
or her family members, so also
influence/induce/coerce any of the witnesses
including the victim acquainted with the facts of
the case so as to dissuade them disclosing such
facts before the Court.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Dated the 16th day of December, 2025/Jayakrushna
Location: High Court of Orissa, Cuttack
