Raju Maharana 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 05.03.2026 passed by learned Addl. Sessions Judge-cum-P.O. Children's Court, Bhubaneswar in Crl. Appeal No.124 of 2025 confirming the order dated 14.11.2025 passed by the learned PMJJB, Khordha in JGR Case No. 25 of 2025 in refusing to grant bail to the revision-petitioner in connection with Balugaon Excise Station PR No.197 of 2025-26 for commission of offences punishable U/S.21(b)/8(C) of NDPS Act, on the main allegation of possessing 110grams of Heroin for the purpose of selling.

Heard, Mr. Jitendra Samantray, learned counsel for the revision petitioner-cum-Child in Conflict with Law (CICL) and Mr. R.B. Mishra, learned Addl. PP in the matter and perused the record.

Admittedly, bail to the CICL is the rule, but his detention in observation home is an exception, since the proviso appended to Sec. 12 of the Act provides that such person (CICL) cannot be so released, if there appears reasonable grounds for believing that release of the CICL would likely to bring him into association with any known criminal or expose him to any moral, physical or psychological danger or his release would defeat the ends of justice. In order to assess the aforesaid conditions as provided in proviso to Sec. 12 of the Act, this Court now falls back to the Social Investigation Report (SIR) of the CICL, which was prepared by Legal-cum-Probation Officer, Khordha wherein the reason for alleged offences has been stated to be on account of parental neglect and peer group influence, but the mother of the petitioner is a daily laborer and his father had deserted both him & his mother around twelve years before and the CICL is a school dropout and he depends on the earning of his mother. Further, his attitude is cordial and his age is 16 years, but nothing adverse has been reported against the CICL. No doubt it is further stated in the SIR that he was lured with some money for drug peddling, however, no concrete material has been produced to evidence his bad association. One of the serious angle involved in this case is the socio economic issue because the CICL hails from a poor background and he depends on his mother for livelihood and there is definite scope for bringing the child to mainstream.

In the aforesaid situation and on perusal of the SIR together with materials placed on record, this Court hardly finds any adverse report against the petitioner-CICL to refuse bail to him. In these premises and situation and after having considered the rival submissions and keeping in view the language of the proviso appended to Sec. 12 of the Act and taking into account the detention of the CICL in observation home since 14.11.2025 with submission of final PR in the meantime, this Court without expressing any view on merits, considers it proper to admit the petitioner-CICL to bail.

Resultantly, the Criminal Revision stands allowed and accordingly, the impugned order is, hereby, set aside, so also the order passed by the learned PMJJB, Khordha. Consequently, the CICL-cum-Petitioner be released on bail on such terms and conditions as deems fit and proper by the learned Board/ Court in seisin over the matter.