Orissa High Court
Fejan Khan vs State Of Orissa ... Opposite Party on 15 May, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.200 of 2025
(An application U/Ss.438 and 442 of BNSS, 2023 r/w
Section 102 of the Juvenile Justice (Care and Protection
of Children) Act, 2015).
Fejan Khan ... Petitioner
-versus-
State of Orissa ... Opposite Party
For Petitioner : Mr. J.K. Panda, Advocate
For Opposite Party : Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
F DATE OF HEARING & JUDGMENT:15.05.2025(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
judgment dated 04.04.2025 passed by the learned 1st
Additional Sessions Judge-cum-PO-Children's Court,
Balangir in Criminal Appeal No.19 of 2025 rejecting the
prayer for bail of the petitioner-cum-CICL in connection
with JC Case No.16 of 2025 arising out of Titilagarh
GRPS Case No.25 of 2025 of the learned Principal
Magistrate, JJB, Balangir for commission of offence
punishable U/S.20(b)(ii)(C) of NDPS Act, on the
allegation of transporting 36Kgs 685Grams of
Contraband Ganja in the Train.
2. Heard, Mr. Jugala Kishore Panda, learned
counsel for the revision-petitioner and Mr. R.B. Mishra,
learned Addl. PP and perused the record.
3. Although, the State has taken time to
produce SIR and SBR of the petitioner, but it has not
yet produced the same. However, bail to CICL can be
refused, if the release of the child is likely to bring into
association with any known criminal or expose him to
moral, physical or psychological danger or his release
would defeat the ends of justice, but materials placed
on record does not indicate that the release of the child
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. Further, the petitioner-CICL is in
Observation Home since 12.03.2025 and in the
meanwhile, substantial part of the investigation is
already over. Further, no criminal antecedent of similar
nature has been reported against the petitioner-CICL.
4. In view of the above facts and after having
considered the rival submissions and on going through
the materials placed on record, this Court considers it
proper to admit the petitioner-CICL to bail in the
interest of justice.
5. In the result, the Criminal Revision stands
allowed and the impugned order is hereby set aside, so
also the order passed by the learned Principal
Magistrate, JJB, Balangir refusing to grant bail to the
petitioner-CICL. Consequently, the petitioner-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 15th day of May, 2025/Subhasmita
Location: High Court of Orissa
