Balaram Samal vs State Of Odisha Vs

G. Satapathy, J.

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.

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.

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.

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.