Akash Behera vs State Of Orissa & Another

G. Satapathy, J

In view of the submission as advanced for the petitioner, the IA No.1353 of 2025 stands disposed of as not pressed.

CRLREV NO.582 OF 2025

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 04.08.2025 passed by the learned PO, Children’s Court-cum-Court of Addl. Sessions Judge, Angul in Cri. App. No.02 of 2025 confirming the order dated 21.07.2025 passed by the learned JJB, Angul, in JD No.62 of 2025 arising out of Angul PS Case No.458 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)/ 142/ 96/ 62(2)(m)/ 65(1)/3(5) of BNS r/w Sec.4(2)/ 6(1)/ 17 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

Heard, Mr. Smuti Ranjan Rout, learned counsel for the revision-petitioner; Ms. Sasmita Nanda, learned counsel for the informant and Mr. A. Pradhan, learned Addl. PP in the matter and perused the record.

Admittedly, the petitioner is a Child in Conflict with Law, but he is in detention home since 18.07.2025 and in the meantime, charge-sheet has already been submitted. Bail to the CICL is the rule, but detention of the CICL in observation home is an exception, however, the CICL can be detained in observation home, if his release on bail would bring him into association with any known criminal or expose him to moral, physical or psychological danger or his release would defeats the ends of justice. In this case, both the CICL and the victim are admittedly students. The petitioner-CICL is the only son of his parents and it is observed by legal-cum Probation Officer, DCPU in the Social Investigation Report (SIR) that due to excessive love and affection from his parents, the CICL has become unruly and deviated from normal path. It is also alleged that the petitioner has eloped with the victim girl, but the petitioner is not having any criminal antecedents and the behavior and conduct of the CICL in the observation home is good as found by the LPO in SIR. The aforesaid facts and the positive finding of the LPO in the SIR with regard to the conduct of the petitioner, this Court considers that the petitioner does not come within the purview of the refusal of bail on the grounds as indicated in the proviso to Sec.12 of the Act. In that view of the matter and taking into consideration the nature and gravity of the offences as alleged against the CICL vis-à-vis the accusation sought to be brought against him and keeping in view the totality of the other circumstances on record including the conduct of the petitioner and his status as a student and balancing the same with regard to the future of the victim, this Court without expressing any view on merit considers it proper to admit the CICL to bail, but subject to certain conditions.

In the result, the criminal revision stands allowed on contest, but in the circumstance, there is no order as to cost and the impugned order passed by the learned learned PO, Children’s Court-cum-Court of Addl. Sessions Judge, Angul is hereby set aside, so also the order passed by the learned JJB, Angul, in JD No.62 of 2025 arising out of Angul PS Case No.458 of 2025 in refusing bail to the CICL. Consequently, the CICL-cum- Petitioner be released on bail by the forum/Court in seisin over the matter on such terms and conditions as deems fit and proper by it with following conditions:-

(i) the father guardian of the petitioner shall ensure that the petitioner shall not contact the victim or visit her house or her village till disposal of the case,

(ii) the petitioner shall regularly go to the college and devote time for his study,

(iii) the petitioner shall not threaten the victim or her family members, so also influence/induce/coerce any of the witnesses including the victim acquainted with the facts of the case so as to dissuade them disclosing such facts before the Court.