Sudhanshu Debata @ vs State Of Odisha
2025 Latest Caselaw 44 Ori

Orissa High Court

Sudhanshu Debata @ vs State Of Odisha on 2 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CRLA No.465 of 2025

     (An appeal U/S.101(5) of the Juvenile Justice (Care
     and Protection of Children) Act, 2015 r/w Section 413
     of the Bharatiya Nagarika Suraksha Sanhita, 2023).

     Sudhanshu Debata @          ...                   Appellant
     Sudhanshu Sekhar Debata
                        -versus-

     State of Odisha                    ...        Respondent

     For Appellant             : Mr. R.K. Mahapatra,
                                 Advocate

     For Respondent            : Mr. M.K. Mohanty, Addl.
                                 PP

         CORAM:
                     JUSTICE G. SATAPATHY

TE OF DATE OF HEARING & JUDGMENT:02.05.2025(ORAL)

  G. Satapathy, J.

1. This is an appeal against the impugned

order dated 27.03.2025 passed by the learned

Presiding Officer, Children's Court-Cum-Additional

Sessions Judge, Angul in CT(S) Case No.21 of 2025

refusing to grant bail to the appellant-CICL in an

application U/S.12 of the Juvenile Justice (Care and

Protection of Children) Act, 2015 (in short, "the Act").

2. Heard, Mr. Rajesh Kumar Mahapatra,

learned counsel for the appellant and Mr. M.K.

Mohanty, learned Additional Public Prosecutor in the

matter and perused the record. At the outset, Mr.

Mahapatra supplies the photocopy of the Post Mortem

Report of the deceased.

3. It is found from the record that an FIR has

been lodged by one Md. Sarbare Alam against the

appellant and others for a matter relating to assault on

the deceased on the night before lodging of FIR,

resulting in death of the deceased. It is, accordingly,

alleged that due to a petty motor cycle accident

involving the informant and deceased on one side and

the petitioner and two others on other side, the

petitioner and others had assaulted the deceased by

giving fist and kick blows on 07.02.2025 at about 8 PM,

but the deceased came to his house and slept and on

the next date, he was found dead in his house as per

the version of the informant and, thereafter, the

appellant and others were apprehended and the

appellant has been kept in observation home, whereas

the adult accused have been sent to the jail. On the

aforesaid background, when the appellant has moved

an application before the learned PO, Children's Court

for grant of bail, which came to be rejected eventually

leading of filing of this revision by the appellant-CICL.

4. True it is that bail to CICL can only be

refused in the event there exists grounds for believing

that the release of the CICL would bring him into

association with any known criminal or expose him to

moral, physical and psychological danger or his release

would defeat ends of justice, which is the mandate of

the proviso appended to Section 12 of the Act. On

perusal of the SIR which has been made available to

the Court by the appellant-CICL, it appears that the

occurrence had taken place due to tussle between the

deceased and informant on one side and the group of

appellant-CICL and some others and it also discloses

that the appellant-CICL was present at the spot. It is,

however, observed by the learned Children's Court that

as per the clinical report, the appellant-CICL has mental

capacity to understand the consequence of the act done

by him, but it is a fact that the appellant-CICL is a

student. Right now after due investigation, charge-

sheet has been submitted in this case. Further, the

Legal-Cum-Probation Officer (LPO) in the SIR has

stated that emotionally the appellant-CICL is sound and

having cordial relationship with his family members and

he obeys his parents, other members of the family and

also shows affection to her younger cousin and the

occurrence took place between the appellant-CICL and

other side due to sudden quarrel between the deceased

and adult accused Anubhav Debata and the appellant-

CICL has no past criminal antecedent or record and

there is nothing adverse against the appellant-CICL.

5. In view of the above facts and after having

considered the rival submissions and on going through

the allegation as well as the provisions of Section 12 of

the Act and taking into account the cause of death of

the deceased as opined by the Doctor in the Post

Mortem Report and keeping in view the detention of the

appellant-CICL in the observation home with

submission of charge-sheet together with the

consideration of SIR, it would be just and proper to

admit the appellant-CICL to bail.

6. In the result, the criminal appeal stands

allowed on contest, but in the circumstance, there is no

order as to costs. Consequently, the impugned order

dated 27.03.2025 passed by the learned Presiding

Officer, Children's Court-Cum-Additional Sessions

Judge, Angul in CT(S) Case No.21 of 2025 is, hereby,

set aside and the appellant-CICL be admitted to bail on

such terms and conditions as deems fit and proper by

the learned Court in seisin over the matter.

(G. Satapathy) Judge

Orissa High Court, Cuttack, Dated the 2nd day of May, 2025/Subhasmita

Location: High Court of Orissa