Iswar Raju @ Illu vs State Of Odisha Vs

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 judgment dated 28.11.2024 passed by the learned Addl. District & Sessions Judge-cum-Special Judge(Children’s Court), Nabarangpur in Criminal Appeal No.13 of 2024 confirming the order dated 19.10.2024 passed by the learned Principal Magistrate, Juvenile Justice Board, Nabarangpur in JC Case No. 28 of 2024 arising out of Nabaranpur PS Case No. 405 of 2024 refusing to grant bail to the revision-petitioner who is a child in conflict with law-cum-CICL for commission of offence punishable U/Ss. 103(1)/109/3(5) of BNS, on the main allegation of committing murder of one Kiran Harijan along with other children-in-conflict with law and adult accused persons in the dispute arising out of immersion of Goddess Durga.

Heard, Mr.Arijeet Mishra, learned counsel for the revision-petitioner and Mr.R.B.Mishra, learned Addl. PP and perused the record including the Social Investigation Report and Social Background Report of the child in conflict with law-cum-petitioner.

In the Social Investigation Report, the Social Worker DCPU, Koraput has inter alia observed the following:-

“The economic condition of the family is very miserable. After the death of his father, in class 5th only he became dropout due to his poor financial condition. After the death of his father, in order to support his mother, first he started working in a fast food shop at Jeypore. By earning money from the fast food shop, he was financially supporting his family. But from last two years, he had been staying at his maternal uncle’s house at Nawarangpur and there also he was working in a fast food shop near Nawarangpur town PS. On the eve of immersion of Goddess Durga (Durga puja bisarjan) while he was enjoying that ceremony, an unexpected quarrel had started among two groups and suddenly one person who is a major attacked on another person and on spot only, that person had died. As a result, the CCL was apprehended by the police along with the co- accused in the case and conflicted with the law”.

On the other hand on perusal of the order passed by the learned Children’s Court in appeal, it appears that the bail application of the CICL-cum-petitioner has been considered on merits of the case, but law is well settled that bail to child-in-conflict with law can be refused only the on the ground that there are reasonable grounds to believe that the release of the CICL 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. Admittedly, bail to the CICL is the rule, but detention is an exception. Further, the materials on record at best discloses the presence of the CICL-cum-petitioner at the spot of occurrence, but the main allegation of giving fatal blow to the deceased being directed against the adult accused.

In the aforesaid facts and circumstance and after having considered the rival submissions and taking into consideration the proviso appended to Sec. 12 of the JJCPC Act and keeping in view the detention of the CICL in “Observation Home” for a considerable period, this Court without expressing any opinion on merits considers it proper to admit the revision-petitioner to bail.

Hence, the criminal revision stands allowed on contest, but in the circumstance, there is no order as to cost. Consequently, the impugned judgment passed by the learned Appellate Court so also the impugned order of the learned JJB, Nabarangpur in refusing bail to the CICL are hereby  set aside and the revision-petitioner-cum-CICL be admitted to bail by the forum in seisin over the matter on such terms and conditions as deems fit and proper..

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