Orissa High Court
Shaan @ vs State Of Odisha .... Opposite Party on 25 July, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV NO.749 of 2024
(An application U/S. 438 & 442 of BNSS, 2023 r/w Sec.
102 of the Juvenile Justice Care and Protection of
Childrens' Act, 2015).
Shaan @ .... Petitioner
Dambarudhar Nayak
-versus-
State of Odisha .... Opposite Party
For Petitioner : Mr. G.K.Sundaray, Advocate on
behalf of Mr.R.L.Pattnaik,
For Opposite : Mr. M.K.Mohanty, Addl.PP
Party
CORAM:
JUSTICE G. SATAPATHY
F DATE OF HEARING & JUDGMENT:25.07.2025 (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.15 of 2024 confirming the order dated
21.10.2024 passed by the learned Principal
Magistrate, Juvenile Justice Board, Nabarangpur in JC
Case No. 28 of 2024 arising out of Nabarangpur 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.Girish Kumar Sunndaray,
learned counsel appearing on behalf of Mr.Rajib
Lochan Pattnaik, learned counsel for the revision-
petitioner and Mr. M.K.Mohanty, 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
Legal Probation Officer-cum-District Child Protection
Officer, Nabarangpur has inter alia observed the
following:-
"19. The socio economic background of the
family is BPL category. The CCL having
three sister and he is only son. The CCL
father doing as Labour (Khalasi in Bus
Stand). They were living in own house
which is built in 2nos. of room with Tin roof
and another new house is under
construction which is allotted by Govt. pro
poor Awas Yojana housing scheme. The
interpersonal relationship between parent &
son is cordial. The CICL is a student of 10th
fail at RCD High School, Nabarangpur and
planning to appear the examination in the
next session.
20. Child's opinion/reaction towards
discipline in the home; Reported that the
child is student of 10th fail and planning to
appear again 10th exam next coming
session. The CCL parents engaged the child
livelihood activities for opening one Sugar
Cane Juicer shop at bus stand and the child
running the shop but due to the off session
the shop is closed. Mixing with different
peer groups is reported".
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,
but law is well settled that bail to child-in-conflict with
law can be refused, if 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
his 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 is
directed against the adult accused person.
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 Act and keeping in view the detention
of the CICL in "Observation Home" and release of
other CICL Iswar Raju @ Illu & B.Ganesh Reddy @
Ganesh Reddy on bail in CRLREV Nos. 33 & 185 of
2025, this Court without expressing any view 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-cum-
petitioner 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 25th July, 2025/kishore
Signed by: KISHORE KUMAR SAHOO
Location: High Court of Orissa
Date: 26-Jul-2025 11:28:29
