High CourtsSingle Bench

Fejan Khan vs State Of Odisha Vs

Orissa High Court · Decided on 15 May 2025 · Citation: (2025) 05 OHC CK 1197

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 102 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C)
RESULT
Allowed
CASE NUMBER
Criminal Revision No. 200 Of 2025
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

7 paragraphs · 362 words

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 judgment dated 04.04.2025 passed by the learned 1st Additional Sessions Judge-cum-PO-Children’s Court, Balangir in Criminal Appeal No.19 of 2025 rejecting the prayer for bail of the petitioner-cum-CICL in connection with JC Case No.16 of 2025 arising out of Titilagarh GRPS Case No.25 of 2025 of the learned Principal Magistrate, JJB, Balangir for commission of offence punishable U/S.20(b)(ii)(C) of NDPS Act, on the allegation of transporting 36Kgs 685Grams of Contraband Ganja in the Train.

2.

Heard, Mr. Jugala Kishore Panda, learned counsel for the revision-petitioner and Mr. R.B. Mishra, learned Addl. PP and perused the record.

3.

Although, the State has taken time to produce SIR and SBR of the petitioner, but it has not yet produced the same. However, bail to CICL can be refused, if the release of the child is likely to bring into association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice, but materials placed on record does not indicate that the release of the child would bring him into association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. Further, the petitioner-CICL is in Observation Home since 12.03.2025 and in the meanwhile, substantial part of the investigation is already over. Further, no criminal antecedent of similar nature has been reported against the petitioner-CICL.

4.

In view of the above facts and after having considered the rival submissions and on going through the materials placed on record, this Court considers it proper to admit the petitioner-CICL to bail in the interest of justice.

5.

In the result, the Criminal Revision stands allowed and the impugned order is hereby set aside, so also the order passed by the learned Principal Magistrate, JJB, Balangir refusing to grant bail to the petitioner-CICL. Consequently, the petitioner-CICL be admitted to bail by the forum in seisin over the matter on such terms and conditions as deems fit and proper.

...........................................................