Sahil Bag & Another vs State Of Odisha

S.K. Panigrahi, J

This matter is taken up by video conferencing mode.

This is an application under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Heard learned counsel for the parties.

The appellants have preferred this Criminal Appeal challenging the order dated 22.06.2021 passed by the learned Children Court-cum-Additional

Sessions Judge, Jharsuguda in Brajrajanagar PS Case No.16 of 2021 corresponding to C.T.(Ses) CCL No.1 of 2021 arising out of Juv 7 of 2021 for

commission of offences under Sections 436/307/326/302/120-B of the I.P.C.

The allegation against the appellants is that on 12.01.2021 at about 7.00 A.M., one Ranjan Kumar Singh (‘Informant’) lodged a written report

before the IIC of Brajarajnagar Police Station to the effect that on 11.01.2021 at about 4.40 A.M., he received information from one Bijay Sharma

and Ranjit Pradhan that the house of late Gurmit Singh was on fire. Hearing this, he rushed to the spot and found that the information was true. They

all put water and controlled the fire. Subsequently, the family members of late Gurmit Singh, namely, Son Rajendra Singh, Wife Kamaljit Kor, daughter

Manjit Kor, daughter-in-law Ipsa Kor were shifted to MCL Hospital from where they were referred to IGH, Rourkela. Thereafter, the complainant

returned the spot. He found that the AC, Gadda and other house articles of the soot room were burnt. There was smell of petrol from the spot room

and bathroom. He further found three numbers of plastic jarkin holding petrol, plastic pipe about two meters and one small jarkin. Hence, he suspected

that the alleged incident is a case of arson and conspiracy to murder the family members of late Gurmit Singh. On interrogation, Tarun Piniani who

resides in the house of late Gurmit Singh disclosed that, he and Rabindra Singh were sleeping in one room whereas the injured persons were sleeping

in another room. At about 00.30 A.M., there was argument between Rabindra Singh with his mother and sister due to some family matter. In the

morning, hearing hullah, he got up and saw Rabindra Singh was standing on the verandah and other four persons were shouting out of fear. On the

basis of these allegations, the informant has lodged the FIR in the police station.

It is submitted on behalf of the appellants-CCL that they are no way involved in the alleged offence. Further, prima facie, the ingredients of the

alleged offence are not made out against the appellants as the FIR was lodged against unknown persons. Learned counsel while citing Section 12

proviso 1 of the Juvenile Justice (Care and Protection of Children) Act, 2015, has contended that bail can be refused to a juvenile only when there are

reasonable grounds for believing that the release of a juvenile is likely to bring him into association with known criminal or expose him into moral,

physical or physiological danger or his release would defeat the ends of justice. However, no such reasons have been provided by the learned trial

court. Additionally, they have been languishing in custody since 13.01.2021. Hence, in view of Section 12 of the Juvenile Justice (Care and Protection

of Children) Act, 2015, the appellants are entitled to grant of bail.

Accordingly, learned counsel for the appellants brought to the notice of this Court regarding a Supreme Court order being Writ Petition (Civil)

No(s)4 of 2020 taken up suo motu by the Hon’ble Apex Court in view of the COVID-19 Pandemic, for the interest of children all of whom fall

within the ambit of Juvenile Justice (Care and Protection of Children) Act,2015. In the said order, the Hon’ble Apex Court has directed the JJBs

and Children’s Courts to consider whether a child or children should be kept in the CCL considering the best interest, health and safety concerns

especially during the COVID-19 Lock down period including the following:-

“Children alleged to be in conflict with law, residing in Observation Homes, JJB shall consider taking steps to release all children on bail, unless there are clear and

valid reasons for the application of the proviso to Section 12, JJ Act,2015.21.â€​

Considering the above submissions made and the directions of the Hon’ble Supreme Court of India, it is directed that the appellants-CCL be

released on bail by the learned court in seisin over the matter in the aforesaid case with some stringent terms and conditions as the court deem fit and

proper.

Accordingly, the CRLA is disposed of.

Urgent certified copy of this order be granted on proper application.

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