Omm Prakash Nayak vs State Of Odisha ... Opposite Party
2025 Latest Caselaw 6408 Ori

Orissa High Court

Omm Prakash Nayak vs State Of Odisha ... Opposite Party on 30 June, 2025

Author: G. Satapathy

Bench: G. Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                   CRLREV No.221 of 2025

   (An application Section 102 of the Juvenile Justice (Care
   and Protection of Children) Act, 2015).

   Omm Prakash Nayak                     ...              Petitioner
                             -versus-
   State of Odisha                       ...       Opposite Party

   For Petitioner             :               Mr. S.N. Mishra-4,
                                                       Advocate

   For Opposite Party         :    Mr. M.R. Patra, Addl. PP
                                  Mr. R.N. Panda, Advocate
                                               (informant)
       CORAM:
                   JUSTICE G. SATAPATHY

  F DATE OF HEARING & JUDGMENT:30.06.2025(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 order dated 08.04.2025 passed by the

learend Childrens' Court, Bhadrak in JGR Criminal

Appeal No. 03 of 2025 confirming the order dated

07.03.2025 passed by the learned PMJJB, Bhadrak in

JGR Case No.10 of 2025 refusing to grant bail to the

revision-petitioner in connection with Naikanidihi P.S.

Case No.47 of 2025 for commission of offences

punishable U/Ss. 376(2)(n)/ 376(3) of IPC r/w. Section

6 of the POCSO Act on the main allegation of

committing rape and aggravated penetrative sexual

assault upon the victim.

2. Heard, Mr. Satya Narayan Mishra-4,

learned counsel for the revision-petitioner, Mr. Rabi

Narayan Panda, learned counsel for the informant and

Mr. M.R. Patra, learned Addl. PP in the matter, who also

filed the copy of the Social Investigation Report (SIR)

and Social Background Report (SBR) for perusal of the

record.

3. In this criminal revision, the petitioner has

not only assailed the impugned order passed by the

learned Appellate Court as well as the learned PMJJB,

Bhadrak, but also has sought for bail to the petitioner-

cum-Child in Conflict with Law (CICL). Bail to the CICL

can be refused, if there exists reasonable grounds to

believe that release of the CICL would likely to bring

him into association with any known criminal or expose

him to any moral, physical or psychological danger or

that his release would defeat the ends of justice, but in

this case, the SIR of the CICL reveals that the child is

repenting and his conduct is good in the observation

home. However, the learned Appellate Court although

has discussed the provision of Section 12 of the Act,

but it has not applied the said provision by discussing

the materials on record. Nowhere in the impugned

order, the past conduct of the CICL has been stated or

discussed. It is also not found from the record that the

release of the petitioner would defeat the ends of

justice. Further, there is nothing on record to indicate

that there exists reasonable ground to believe that

release of the petitioner-CICL would likely to bring him

into association with any known criminal or expose him

to any moral, physical or psychological danger. It is

also not in dispute that the CICL has been detained in

custody since 05.03.2025 and charge sheet has already

been submitted in the meantime. The cardinal rule of

bail jurisprudence as prescribed in the Act is "Bail to

CICL is the rule, but detention of CICL is an exception".

4. For the reasons stated hereinabove and

taking into account the materials placed on record,

since the petitioner and the victim are minors and there

is a positive observation in favour of the petitioner in

the SIR and taking into account the other materials on

record in entirety, this Court without expressing any

opinion on merits, considers it proper to admit the

petitioner-CICL to bail.

5. Resultantly, the Criminal Revision stands

allowed and the impugned order passed by the learned

Appellate Court as well as the learned PMJJB, Bhadrak

are, hereby, set aside. Consequently, the CICL-cum-

Petitioner be released on bail on such terms and

condition as deems fit and proper by the learned Board/

Court in seisin over the matter including one condition

that the petitioner shall not contact the victim or visit to

her house.

(G. Satapathy) Judge Orissa High Court, Cuttack, Dated the 30th day of June, 2025/S.Sasmal

Location: High Court of Orissa