Dash Majnu vs State Of Odisha

G. Satapathy, J

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 23.06.2025 passed by the learned Addl. Sessions Judge-cum-PO, Children’s Court, Keonjhar in Criminal Appeal No. 14 of 2025 confirming the order dated 26.05.2025 passed by the Board, Keonjhar in JJC Case No. 42 of 2025 arising out of Town PS Case No. 246 of 2025 refusing to grant bail to the revision-petitioner, who is child in conflict with law(CICL) for commission of offence punishable U/S. 310(2) of BNS, on the main allegation of snatching away the bag of the informant containing gold and silver ornaments by assaulting him.

Heard, Mr. Bibekananda Mahapatra, learned counsel for the revision-petitioner and Mr.M.K.Mohanty, learned Addl. PP and perused the record including the Social Investigation Report of the child in conflict with law-cum- revision-petitioner.

Admittedly, bail is the rule to the CICL, but detention in “Observation Home” is an exception in view of the provision of Sec. 12 of the Act, however, while assessing the provision of Sec. 12 of the Act, the SIR plays a vital role inasmuch as, it is a report prepared by the Probation Officer stating the details of the child including its behavioral pattern and the cause behind the crime. In this case, the SIR of the CICL reveals that the father of the CICL is separated from their home and staying with another place and the mother of the CICL is a labourer and the involvement of the CICL for the offence in this case is due to bad association, but the behavior of the CICL towards to the staff of the “Observation Home” is not only good, but also he was not reported in SIR to be involved in any other offence. The SIR, therefore, makes it very clear that this is the solitary offence in which the CICL is reported to be allegedly involved. It is, therefore, cannot be said that release of CICL would bring him into association with any known criminal or expose him to physical, moral or psychological danger or his release would defeat the ends of justice.

In view of the above facts and after having considered the rival submissions and on going through the materials placed on record vis-à-vis the SIR, this Court feels that it would be in the interest of justice to grant bail to the CICL, but the mother-guardian has to ensure that the revision-petitioner- cum-CICL should not involve himself in any other cases while being on bail.

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. 42 of 2025 arising out of Town PS Case No. 246 of 2025 in refusing bail to the CICL and 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.

Accordingly, the CRLREV stands disposed of.