Orissa High Court
Badal Bindhani vs State Of Odisha .... Opposite Party on 27 October, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV NO.354 of 2025
(An application U/S. 438/442 of BNSS, 2023 r/w Sec.
102 of the Juvenile Justice (Care and Protection of
Children) Act, 2015.
Badal Bindhani .... Petitioner
-versus-
State of Odisha .... Opposite Party
For Petitioner : Mr. A.Mishra, Advocate
For Opposite : Mr. R.B.Mishra, Addl.PP
Party
CORAM:
JUSTICE G. SATAPATHY
F DATE OF HEARING & JUDGMENT:27.10.2025 (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 28.05.2025 passed by the
learned Addl. Sessions Judge-cum-PO, Children's
Court, Keonjhar in Criminal Appeal No. 07 of 2025
confirming the order dated 18.04.2025 passed by the
learned Principal Magistrate, Juvenile Justice Board,
Keonjhar in JJC Case No. 32 of 2025 arising out of
Town PS Case No. 193 of 2025 refusing to grant bail
to the revision-petitioner, who is child in conflict with
law(CICL) for commission of offence punishable U/Ss.
137(2)/87/64(2)(m) of BNS & Sec. 6 of POCSO Act, on
the main allegation of committing rape and
penetrative sexual assault upon the victim.
2. Heard, Mr. Arijeet Mishra, learned counsel
for the revision-petitioner and Mr.R.B.Mishra, learned
Addl. PP and perused the record. None appears for the
victim despite being duly informed as apprised by the
learned Addl. PP.
3. Although this Court has called for the
Social Investigation Report of the CICL, but that is yet
to be submitted and only Social Background Report of
the CICL has been submitted. It appears that the
concerned officer is careless and negligent since the
order was passed on 31.07.2025 for submission of SIR
and SBR, but the SIR is yet to be submitted. This
Court, therefore, is constrained to pass this order in
absence of SIR because bail to child-in-conflict with
law is the rule, but its detention is an exception. On
careful scrutiny of the impugned orders passed by the
Board in original case and the PO, Children's Court in
Appeal, it appears that bail has been refused to the
CICL on the ground that his release would defeat the
ends of justice, but fact remains that there is no
discussion as to how the release of the CICL would
defeat the ends of justice, more particularly when it is
stated by the Board that the CICL had developed
intimacy with the victim. Sec.12 of the Act mandates
release of the CICL on bail, but its proviso carves out
an exception for grounds to refuse bail to the CICL. In
this case, the impugned order does not reveal about
refusal of bail to the CICL on the ground that there are
reasonable grounds for believing that release of the
CICL would bring him into association with any known
criminal or expose him to moral, physical or
psychological danger. However, the allegation on
record reveals teen age infatuation, but granting bail
to CICL in this case can never be considered about
misplaced sympathy, more particularly when he is
detained in Observation Home since 13.04.2025 with
submission of charge sheet in the meantime. In view
of the aforesaid facts and taking into consideration the
materials placed on record and the rule being for
release of the CICL on bail, this Court considers it
proper to admit the CICL to bail.
4. In the result, the criminal revision stands
allowed on contest, but in the circumstance, there is
no order as to cost. Consequently, the impugned
order passed by the learned Addl. Sessions Judge-
cum-PO, Children's Court, Keonjhar is hereby set
aside, so also the order passed the learned Principal
Magistrate, Juvenile Justice Board, Keonjhar in JJC
Case No. 32 of 2025 arising out of Town PS Case No.
193 of 2025 in refusing bail to the CICL. As a
necessary corollary, the revision-petitioner-cum-CICL
be admitted to bail by the forum/Court in seisin over
the matter on such terms and conditions as deems fit
and proper.
5. Accordingly, the CRLREV stands disposed of.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Dated the 27th October, 2025/Kishore
Signed by: KISHORE KUMAR SAHOO
Location: High Court of Orissa
Date: 28-Oct-2025 10:06:03
