Sankar Das & 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(5) 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 07.04.2021 passed by the learned 2nd Additional District and

Sessions Judge-cum-Children’s Court, Berhampur in J.R.Case No.7/2021-GDC arising out of B.Sadar P.S.Case No.25 of 2021 for commission of

offences under Sections 302/201/34 of the I.P.C. read with Section 27 of the Arms Act.

The allegation against the appellants is that on 19.01.2021, one Kalu Pradhan (‘Informant’) lodged a written report before the IIC, B. Sadar

Police Station alleging that on the previous day his son Rabi Pradhan, aged about 28 years, had gone on his motorcycle bearing Registration No. OD

07 G 2790 to drop one Rakesh Kumar Patra, Son of Akashya Kumar Patra at Berhampur New Stand. However, unfortunately, he did not return

back. The informant kept calling on his son’s phone but he always received the response that ‘the number is switched off’. Subsequently,

he received information that his son had died in the MKCG Medical College and the reason of his death was not known. Thereafter, the informant

lodged an FIR in the police station.

It is submitted on behalf of the appellants-CCL that they are no way involved in the alleged offence. 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. In the present case, no such reasons have been provided by the

learned trial court. Additionally, they have been languishing in custody since 23.01.2021. In view of section 12 of the Juvenile Justice (Care and

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

However, 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 moto 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 2nd Additional District and Sessions Judge-cum-Children’s Court, Berhampur in J.R.Case No.7/2021-GDC 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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