Ranjan Rana vs State Of Odisha And Another

G. Satapathy, J

This Criminal Appeal under Section 101 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (In short "the Act") by the Appellant, who is a Child in Conflict With Law (In Short "CICL") is directed against the impugned order dated 07.08.2025 passed by the learned Children's Court-cum-Addl. Sessions Judge-I, Balangir in SC No.05 of 2025 corresponding to Tusura PS Case No. 62 of 2025 refusing to grant bail to the CICL for commission of offences punishable U/Ss. 191(2)/191(3)/296/324(6)/103(1)/109/351(3)/190 of BNS, on the main allegation of committing murder of one Shyam Sundar Bag and inflicting injuries to the wife and parents of the deceased by assaulting them conjointly with co-accused persons using axe, spade and other deadly weapons.

In the course of hearing, Mr. Himanshu Sekhar Mishra, learned counsel for the appellant submits that the present appellant is a CICL and the offences alleged to have been committed by the CICL is due to environmental influence and immaturity of age of the CICL, but the appellant having been detained in observation home since last one year and bail to the CICL being the rule, the CICL may kindly be granted bail.

2.1. On the other hand, Mr. P. Satpathy, learned Addl. PP by placing the manner in which the appellant and others had allegedly attacked the deceased and injured persons, submits that not only the deceased had sustained number of injuries, but also the other injured persons had suffered injuries by the action of the appellant and others, and the appellant being found to have requisite mental capacity to commit the crime and consequence thereof, the appellant may not be released on bail.

After having considered the rival submissions upon perusal of the record, there appears no dispute about the provision of law relating to bail to CICL which has been provided in Sec. 12 of the Act "Bail to a person who is apparently a child alleged to be in conflict with law" which provides that when any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person; provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice and the Board shall record the reason for denying the bail and circumstances that laid to such a decision.

A careful scrutiny of the aforesaid provision makes it ample clear that bail to a CICL is rule, but detention in observation home is an exception and the CICL can be detained in observation home, if there appears reasonable ground for believing that the release of CICL is likely to bring him into association with any known criminal or expose him into moral, physical or psychological danger or that his release would defeat the ends of justice. In the present case, the certified copy of psychological assessment report as produced for the appellant reveals what the psychologist as observed by interacting with the CICL which is recorded under the heading of "impression" which reads as under:-

Impression:

"The CICL Ritu Rana came to PMJJB, Balangir on date 20.11.2024 for preliminary psychological assessment.

From an interactive assessment session with the CICL I found that, the CICL is physically capable to conduct such offence and he has also awareness regarding the legal consequences of such offences he is alleged of. The CICL has age appropriate mental capacity to make plan and execute it properly, but still environmental influence and his age factor, has a great impact on his decision making process, which is not the indication of a strong, matured mentality."

Besides, the Social Investigation Report(SIR) of the CICL as obtained and produced by the learned Addl. PP reveals the reason for alleged offence to be parental neglect, parental overprotection and peer group influence. Further, the Probation Officer in such SIR has observed under the heading "result of inquiry" at paragraph 8 that the CICL lacked good moral and emotional balance knowledge and he needs sufficient counseling for changing his wicked intention and behavior and attitude to lead his personal life in right way. Further, it is also recommended by the Probation Officer that intensive follow-ups visit and counseling support required to the CICL family along with CICL especially to change their attitude and behavior for the best interest of the child. On reverting back to the materials placed on record, the FIR is not only registered against the CICL, but also it reflects the name of other four adult co-accused persons and the allegation against them depicts a situation in which not only one innocent person lost his life, but also another four persons remained injured. Additionally, the deceased was allegedly found to have number of cut wounds, lacerated wounds, abrasion, contusion with total 14 external injuries including maximum cut wounds. There appears allegation not only against the CICL, but also against the adult accused persons for committing murder of the deceased and injuring four persons and the allegation of association of CICL with adult accused persons itself brings him into the factors provided in Sec. 12 of the Act for refusing bail to him.

In the aforesaid facts and circumstance and taking into account the opinion of the Probation Officer in SIR keeping in view the report of the psychologist in psychological assessment report and the CICL being allegedly in association with adult accused persons in accomplishing the crime, this Court does not find the appellant to have satisfied the test as provided in Sec. 12 of the Act for grant of bail to him.

Hence, the prayer for bail of the appellant-CICL stands rejected. Accordingly, the CRLA stands dismissed. A copy of this order be immediately transmitted to the concerned Court for reference.