Orissa High Court
Juvenile Justice (Care And Protection ... vs State Of Orissa ... Opposite Party on 13 May, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.199 of 2025
(In the matter of application under Section 101(5) of
Juvenile Justice (Care and Protection of Children) Act,
2015).
Balaram Samal ... Petitioner
-versus-
State of Orissa ... Opposite Party
For Petitioner : Ms. B. Dash, Advocate
For Opposite Party : Mr. A. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
F DATE OF HEARING & JUDGMENT:13.05.2025(ORAL)
G. Satapathy, J.
1. This criminal appeal is directed against the
impugned order dated 27.01.2025 passed by the
learned 3rd Additional Sessions Judge, Cuttack in BLAPL
No.63 of 2025 confirming the order passed by the
learned PMJJB, Cuttack in JJC No.137 of 2024 refusing
to grant bail to the appellant-cum-Child in Conflict with
Law (CICL) in connection with Baranga PS Case No.479
of 2024 for commission of offence punishable
U/Ss.103/303(2)/3(5) of the BNS, on the main
allegation of committing murder of one Tofan Sanmal
along with other CICLs and adult accused persons.
By the aforesaid impugned order, the
learned Addl. Sessions Judge has not only refused to
grant bail to the CICL, but also has confirmed the order
passed by the learned PMJJB, Cuttack in JJC Case
No.137 of 2024 refusing to grant bail to the CICL.
2. Heard Ms. Bharati Dash, learned counsel
for the appellant-CICL and Mr. A. Pradhan, learned
Addl. Public Prosecutor in the matter and perused the
record. This Court has the privilege to go through the
Social Investigation Report (SIR) and Social
Background Report (SBR) as produced by the State in
which the LPO has found the father of the CICL to be a
driver and his mother to be running a flower shop. The
SIR further states the involvement of the CICL to be on
account of immature state of mind and influence of
peer group, but the father of the CICL has undertaken
to keep the CICL under his protective custody and
safety. Further, the LPO in such SIR has recommended
to give opportunity to the CICL by taking a lenient view
while observing that the CICL deserves to get family
care and guidance from his family as he is interested
for social mainstreaming as stated by his mother.
Further, no past criminal antecedent of the appellant-
CICL has been reported.
3. In view of the above facts and after having
considered the rival submissions and taking into
consideration the nature and gravity of the offence as
alleged against the appellant-CICL and regard being
had to the mode and manner of implication of the
appellant-CICL and the circumstance of transaction in
which the deceased was done to death and taking into
account the observation of the LPO in the SIR and
regard being had to the detention of the CICL in
observation home, this Court considers it proper to
admit the appellant-CICL to bail.
4. Hence, the criminal appeal stands allowed
and the impugned order passed by the learned 3rd
Additional Sessions Judge, Cuttack, so also the order
passed by the learned PMJJB, Cuttack refusing to grant
bail to the CICL are hereby set aside. Consequently, the
CICL is directed to be released on bail by the forum/
Court in seisin over the matter on such terms and
conditions as deems fit and proper.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Dated the 13th day of May, 2025/Subhasmita
Location: High Court of Orissa
