AI Structured Summary
Not yet generated for this judgment
Judgment
Savitri Ratho, J
I have heard Mr. U.C. Jena, learned counsel for the CICL-appellant and Mr. Sk. Zafrullah, learned Additional Standing Counsel for the State through
Video Conferencing mode.
This appeal has been preferred under Section 101 (5) of Juvenile Justice (Care and Protection of Children) Act against the order dated 30.03.2021
passed by the learned A.D.J. -cum- Special Judge, Bhadrak in connection with J.G.R. Case No.40 of 2020 corresponding to Bansada P.S. Case
No.198 of 2020 registered under Sections 325/307/302/34 of I.P.C., refusing to release the CICL-appellant on bail.
The prosecution allegations in brief are that on 08.11.2020 at about 12.30 p.m. Gundia @ Radhashyam Mohanty the husband of the informant namely
came to know that some persons were catching fish from his paddy field after draining out the water for which he rushed to spot and found the CICL
and two others catching fish. When he protested, the accused persons assaulted him by means of bamboo stick, spade and iron rod causing injuries on
his head, back, leg and hand. One Kartik Munda informed the informant over telephone and the informant reached the spot with her son Babu @
Uttam and others and the accused persons assaulted her son causing injuries on his person and threatened to kill him . Radheshyam Mohanty was
shifted to DHH, Bhadrak and then to S.C.B. Medical College and Hospital, Cuttack where he died while undergoing treatment.
Learned counsel for the CICL-appellant submits that the CICL-appellant is in judicial custody since 12.11.2020 and in the meanwhile, charge sheet
has been submitted and two others accused persons namely Mantu @ Gourahari Mohanty and Bangara @ Narayan Mohanty have been released on
bail by this Court in BL APL No. 3273 of 2021 and BL APL No. 3275 of 2021 by order dated 17.05.2021 and the CICL stands on better footing than
them . He further submits that the incident was result of civil dispute and specific allegations of assault are not available against the CICL and his
social background report is favourable for which he should be released on bail. He further submits that there is no chance of his absconding, if he
released on bail and he is being exposed to criminals in the observation home.
Mr. Zafrullah, learned Additional Standing Counsel for the State vehemently opposes the prayer for bail and states that in view of the nature of
allegations against the CICL-appellant, it will not be in his interest to release him on bail as he may commit similar type of offence and other antisocial
activities.
I have perused the statements of witnesses available in the case diary and post mortem examination report of the deceased Radheyshaym and the
injury report of Babu @ Uttam which is available in the case diary. Social investigation report of the CICL is not available in the case diary but a
xerox copy of the social background report has been filed by the learned counsel for the CICL.
Perusal of the statements of witnesses reveals that there was altercation between the deceased and the accused persons as the accused persons cut
the ridge of the paddy field of the deceased .The CICL had allegedly handed over a bamboo stick to co accused Bangaru with which the latter
assaulted the deceased and the injured who sustained a fracture on his arm.
The post mortem examination report reveals that the deceased had a stitched wounds on his forehead and parieto occipital region and on his left little
finger and abraded contusion on his left scapular region and left lateral side of neck and death was due to cerebral injury and its complications.
The rejection order passed by the JJ Board has not been annexed to the appeal memo. The learned ADJ cum Special Judge, Bhadrakh in J.G.R Case
No 40 of 2020 in his order dated 30.03.2021 has however referred to the order of the J.J. Board and has observed that the Board has rejected the
prayer for bail of the CICL holding that his release is likely to cause physical and psychological danger to him as he will be associated with criminal
activities and his future will be at risk and most of the eye witnesses belong to the same locality and that it has held that Biju Munda a star witness has
described the role played by the CICL in the assault and it being a recent incident, it must be fresh in the mind of the local people. The learned ADJ
cum Special Judge, Bhadrakh has rejected the prayer for bail of the CICL relying on the order of the JJ Board and further holding hat considering the
gravity and nature of the offence and taking into account the prima facie materials showing his role and as hearing has not begun.
Although perusal of the social investigation report / social background report is necessary by the learned Courts below while considering the prayer for
bail of a CICL for bail there is no reference to the same in the impugned order. However, a perusal of the copy of social background report filed by
the learned counsel for the CICL, reveals that nothing adverse has been reported against the CICL other than a noting that reason for alleged offence
is due to parental neglect and that he should be kept in the child shelter home for reformation. The report also mentions that he has not been subjected
to any form of abuse or that he was used by adults or gangs for drug peddling. There is no mention in the case diary that the CICL has any criminal
antecedents and there is nothing on record to show that the release of the CICL is likely to bring him into association with any known criminal or
expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. I also find that that more than nine months
have elapsed since the incident took place and two other accused persons against whom specific allegations of assault have been made, have been
released on bail by this Court.
Therefore, considering the nature of allegations against the CICL, the mandate of Section 12 of the Juvenile Justice (Care and Protection of Children)
Act, the decisions of this Court and the Hon’ble Supreme Court , and the fact that father of the CICL is not an accused in the case and there is no
cogent material on record to show that the release of the petitioner is likely to bring him into association with any known criminal or expose him to
moral, physical or psychological danger or that his release would defeat the ends of justice, I am inclined to allow this appeal and set aside the order
dated 30.03.2021 passed in J.G.R case No 40 of 2020 by the learned A.D.J cum Spcial Judge, Bhadrakh and release the CICL â€" appellant on bail.
Let the CICL-appellant represented through his natural guardian-father be released on bail to the satisfaction of the Court in seisin of the case on such
terms and conditions as deemed just and proper including the following conditions:-
(i) His father-natural guardian shall furnish an undertaking that after release, the CICL will not be allowed to come in contact with any criminals or the co accused
persons and will not indulge in any criminal activity.
(ii) The concerned Child Probation Officer / Child Welfare Officer shall maintain general supervision over the CICL by visiting his house time-to-time as may be
deemed necessary, to ensure that he is not exposed to any moral, physical or psychological danger.
(iii) The CICL will appear in all dates before the JJ Board with his father.
The CRLA is accordingly disposed of.
Violation of any of the conditions imposed will entail in cancellation of bail.
Urgent certified copy be granted on proper application.
……………………………….