Orissa High Court
B. Ganesh Reddy @ vs State Of Odisha .... Opposite Party on 19 June, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV NO.185 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).
B. Ganesh Reddy @ .... Petitioner
Ganesh Reddy
-versus-
State of Odisha .... Opposite Party
For Petitioner : Mr. S, Dwibedi, Advocate
For Opposite : Mr. R.B.Mishra, Addl.PP
Party
CORAM:
JUSTICE G. SATAPATHY
DATE OF DATE OF HEARING & JUDGMENT:19.06.2025 (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.14 of 2024 confirming the order dated
17.10.2024 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.Suryakanta Dwibedi, 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
Legal Probation Officer-cum-District Child Protection
Officer, Nabarangpur has inter alia observed the
following:-
"19. The socio economical background of
the family is average and living under the
below poverty line. The CCL having only
sister. The CCL father doing as a salesman
in a Bengal Shop and earning 200/- per day
and his mother doing dry fish selling
business in the market. They were living in
rented house in Umma Reddy Colony of
Soura Sahi. The interpersonal relationship
between parent & son is cordial. The CICL
is a student of +2 2nd year at B B College,
Nabarangpur.
8. The antecedent of the child is found to be
rational. The CCL may be provided with
counseling to avoid such types of conflicts
in future and considering the age of the
CCL, his parents may be advice to take care
the CCL properly in order to prevent future
conflict and the CCL may be directed to
continue his education in the best interest
of the child."
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 on bail in CRLREV No.
33 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 19th June, 2025/Priyajit
Location: HIGH COURT OF ORISSA
