Orissa High Court
Ayush Baliarsingh vs State Of Odisha .... Opposite Party on 29 January, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.718 of 2024
(An application under Section 442 of B.N.N.S. read with
Section 102 of the Juvenile Justice Care of Protection of
Children) Act-2015)
Ayush Baliarsingh .... Petitioner
-versus-
State of Odisha .... Opposite Party
For Petitioner : Mr. M.K. Chand, Advocate
For Opposite : Mr. S.K. Rout, Addl. PP
Party
CORAM:
JUSTICE G. SATAPATHY
DATE OF HEARING & JUDGMENT:29.01.2025(ORAL)
G. Satapathy, J.
1. This criminal revision is directed against
the order dated 29.11.2024 passed by the learned 4th
Additional Sessions Judge-Cum-Children's Court,
Bhubaneswar in Criminal Appeal No.133 of 2024
confirming the order dated 18.11.2024 passed by the
learned PMJJB, Khordha in JGR No.34 of 2024
refusing to grant bail to the Child In Conflict With Law
(In short the "CICL") in an application U/S. 12 of the
Juvenile Justice (Care and Protection of Children) Act,
2015 (In short the "JJCPC Act").
2. Heard, Mr. Manas Kumar Chand, learned
counsel for the Petitioner and Mr. S.K.Rout, learned
Additional Public Prosecutor and perused the record.
It is, however, submitted by Mr.Chand that the CICL
is implicated in this case only for offence U/S.201 of
IPC and thereby, such offence being bailable in
nature, the Petitioner's detention in observation home
is unwarranted and that would bring him into moral
and physiological danger and therefore, the revision
may kindly be allowed to grant bail to the CICL.
2.1. On the contrary, Mr.Rout, learned
Additional Public Prosecutor submits that release of
the Petitioner on bail would definitely bring him into
moral and physiological danger and thereby, the CICL
having not satisfied the condition of Section-12 of the
JJCPC Act, the present Revision may kindly be
dismissed.
3. After having considered the rival
submissions and taking into account the nature and
gravity of the offence as alleged against the CICL vis-
à-vis the accusations sought to be brought against
him and regard being had to the mode and manner of
implication of the present Petitioner and the
supporting materials collected by the Investigating
Agency and taking into account the other
circumstances on record in entirety keeping in view
the social investigation report and there being no
specific finding in the impugned order that the
release of the Petitioner would bring him into
association with any known criminal or expose him to
moral, Physical or Physiological danger and further
taking into account the detention of the Petitioner in
observation home, this Court considers that the
impugned order passed by the Appellate Court is
unsustainable and liable to be interfered with and the
Petitioner is required to be released on bail pending
disposal of the case inasmuch as although the
learned Children's (Appellate) Court has stated in the
impugned order that there exists reasonable ground
for believing that release of CICL may bring him into
association with other persons involving criminal
activities and there is danger to the life of the CICL,
but such observation of the learned trial Court is
without any discussion of material facts and
reasoning. Hence, it is ordered.
4. In the result, the Criminal Revision
stands allowed on contest, but in the circumstance,
there is no order as to costs. Accordingly, the
impugned order passed in Criminal Appeal No. 133 of
2024, so also the order dated 18.11.2024 passed by
learned PMJJB, Khordha in JGR No.34 of 2024 are
hereby set aside and the Petitioner is directed to be
released on bail on such terms and conditions as
deem fit and proper by the Court or the Board in
seisin over the matter.
(G. Satapathy)
Judge
ORISSAHigh Court, Cuttack,
Date: 31-Jan-2025 15:21:22Dated the 29th January, 2025/Priyajit
