Chiku @ Umesh Kahalsingh vs State Of Odisha

Savitri Ratho, J

I have heard  Mr.A.K.Mishra (3), learned counsel for the petitioner-CCL and Mr. P.C. Das, learned Addl. Standing Counsel for the State through hybrid mode.

2 This is an application under Section 102 of the Juvenile Justice (Care and Protection) Act 2015 (in short "JJ Act") for grant of bail to the CCL in connection with JGRK Case No.20 of 2021 corresponding to Bolagarh P.S. Case No.145 of 2021 in the Court of the learned PM , JJ Board Khordha for commission of offences punishable under Sections 341/294/323/326 /307/506/34 of I.P.C.

The prayer for bail of the CCL was rejected by the learned Addl. Sessions Judge, Bhubaneswar by order dated 08.11.2021 in Crl. Appeal No.21 of 2021 and before that by the learned PM JJB, Khurda on 16.09.2021 in JGRK Case No.20 of 2021.

The prosecution case in brief is that on 09.09.2021 at about 9.30 p.m., while some young persons, namely, Sanjay Kumar Behera, Gopala Behera, Kanhu Charan Mansingh, Somu Behera, Hrishikesh Behera, Sanatana Behera, Hemanta Behera, Kabu @ Suryakanta Behera, Trinatha Khalsingh, Hemanta Mangaraj with others of village Mardazbadi were performing dance practice for a village drama of Rama Nataka, at that time, due to previous enmity, a quarrel was picked up between Pramila Kahlasingh, Linki Kahalsingh and the present CCL with those persons. The petitioner-CCL attacked Kathia @ Golakha Jena by means of a tangia aiming to kill him for which he sustained head injury.

Learned counsel for the petitioner submitted that that he is in custody since 09.09.2021 and due to family dispute all the family members were tagged to the crime in question. He further submitted that a case arising out of the same incident has been registered against the informant and others and out of grudge as a counter blast, the informant has lodged this case against the petitioner and others. Co-accused persons have been granted interim protection ABLPL No.12140 of 2021 by this Court. The petitioner is a juvenile aged about 16 years and studying in +2, Arts 1st year. He wants to continue his studies and in view of the mandate of Section 12 of the Juvenile Justice (Care and Protection of Children) Act 2015 (in short "JJ Act"), his prayer for bail may be allowed.

Learned counsel for the State objects to the prayer for bail stating that one of the injured has sustained a grievous head injury and is being treated in AIIMS, Bhubaneswar. In view of the enmity between the two groups it would not be in the interest of the CCL to be released on bail as there may be further incidents between them. He has produced the social investigation report of the CCL wherein it is stated that the CCL is continuing his studies in +2 Arts Paramananda College, Bolagarh and the family is having dispute with his uncle and constant quarrels.

Considering the submissions of the learned counsels, the nature of accusations against the CCL, the mandate of Section 12 of the JJ Act, the social investigation report and primarily the fact that the CCL is a student of +2 Arts and in order to enable him to continue his studies, I am inclined to allow the criminal revision and release the CCL on bail. The impugned orders are set aside.

Let the petitioner CCL represented by his father - natural guardian be released on bail by the learned P.M., JJ Board, Khordha in JGRK Case No.20 of 2021 corresponding to Bolagarh P.S. Case No.145 of 2021 on such terms and conditions as deemed just and proper including the following conditions:-

His father-natural guardian shall furnish an undertaking that after release, the CCL will not be allowed to come in contact with any criminals.

(i) The CCL will not indulge in any criminal activity.

(ii) He will continue his studies.

The concerned Child Probation Officer shall maintain general oversight and supervision over the CCL by visiting his house once in two weeks for the first three months and then once a month for nine months to ensure that he is not exposed to any moral, physical or psychological danger and is pursuing his studies and furnish report to the trial Court.

No observation in this order shall be construed as an expression on the merits of the case.

The CRLREV is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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