NCC @ Debasis Naik 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 11.11.2025 passed by the learned Addl. District & Sessions Judge-cum-Judge Children's Court, Keonjhar in Criminal Appeal No. 11 of 2025 confirming the order passed by the learned JJB, Keonjhar in JJC Case No. 39 of 2025 arising out of Keonjhar Town PS Case No. 227 of 2025 refusing to grant bail to the revision-petitioner who is child in conflict with law(CICL) for commission of offence punishable U/Ss. 103(1)/3(5) of BNS, on the main allegation of committing murder of another child, along with other two CICL.

Heard, Mr.Durga Prasad Bhanja, learned counsel for the revision-petitioner and Mr.R.B.Mishra, learned Addl. PP and perused the record.

No doubt, Mr. Bhanja seeks for bail to the CICL on the ground of his detention in Observation Home, but bail can only be refused to CICL, if there appears reasonable grounds for believing that the release of the CICL is likely to bring him into association with known criminal or expose the CICL to moral, physical or psychological danger or his release would defeat the ends of justice. This Court in order to assess the factors as provided in proviso to Sec. 12 of the Act falls back upon the Social Investigation Report of the child in which it is stated that the CICL is allegedly in bad association, but his behavior towards the staff of the place of safety is good and there is no previous antecedent reported against the CICL. Besides, the CICL is in Observation Home since 22.04.2025, but learned counsel for the petitioner informs the Court that the trial is yet to commence. The SIR of the child also reveals that proper counseling to the CICL by his family and professional counselor may improve his condition. Although it is stated that the CICL is in bad association, but as to how the CICL is in bad association has not been described/clarified in the SIR. Merely stating the word bad association in the SIR without justifying the same is not the intended purpose of proviso to Sec. 12 of the Act.

In the aforesaid facts and circumstance and taking into account the other circumstance on record in entirety and taking into consideration the SIR of the CICL, this Court considers that the interest of justice would be best served if the CICL is released on bail, provided the parents of the child shall ensure that the child should continue his education and leave his earlier company.

In the result, the criminal revision stands allowed on contest, but in the circumstance, there is no order as to cost and the impugned order passed by the learned Addl. District & Sessions Judge-cum-Judge Children's Court, Keonjhar in Criminal Appeal No. 11 of 2025 is hereby set aside, so also the order passed by the learned JJB, Keonjhar in JJC Case No. 39 of 2025 arising out of Keonjhar Town PS Case No. 227 of 2025 in refusing bail to the CICL. Consequently, 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 with further condition that the parents shall ensure the continuation of education of the CICL.