Situ @ Chiranjit Behera vs State Of Odisha Vs

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 judgment dated 22.10.2024 passed by the learned Addl. Sessions Judge, Keonjhar in Criminal Appeal No.08 of 2024 confirming the order dated 04.09.2024 passed by the learned JJB, Keonjhar in JJC Case No. 73 of 2023 refusing to grant bail to the petitioner-cum-CICL in an application U/S. 12 of the Act.

The allegation against the petitioner-cum-CICL is for committing rape upon a minor girl aged about seven years and accordingly Baria PS Case No. 139 of 2023 has been registered against the petitioner-cum-CICL and his family members for commission of offence U/Ss. 376-AB/506/34 of IPC read with Sec. 4(2) of POCSO Act. The police on due investigation has submitted charge sheet against the CICL for commission of offences U/Ss. 376-AB of IPC/4(2) of POCSO Act and against his family members for offences U/Ss.294/506/34 of IPC.

Heard, Mr. Deepak Kumar Sahoo, learned counsel for the petitioner, Mr. R.B.Mishra, learned Addl. Public Prosecutor and perused the record including the Social Investigation Report of the CICL, but none appears for the victim/informant despite being duly appeared through a counsel.

Admittedly, the prosecution after availing sufficient opportunity has not been able to produce the Social Background Report of the CICL, but only come up with the Social Investigation Report in which the LPO has observed that the petitioner (CICL) wants to continue his study and his behavior with other inmates of the Observation Home is good. Further, the learned Appellate Court although has quoted the provision of Sec. 12 of the Act, but it has not discussed the grounds as enumerated therein in the proviso to Sec. 12 of the Act to refuse bail to the revision-petitioner. It, however, primafacie appears that the learned Appellate Court has taken into consideration the allegation against the CICL while refusing bail to him, although it has taken into consideration the SIR to say that the causative factor of the CICL for such offence is peer group influence and the alleged act of CICL shows clear criminal tendencies in him and thereby, if the CICL is released from Observation Home and sent back to home, he will not only be exposed to moral, physical and psychological danger, but also the interest of justice will be defeated.

Mere reproducing the words as contemplated in proviso to Sec. 12 of the Act is not sufficient to refuse bail, but the real implication of such word has to be understood and considered in the light of the materials produced by the Investigating Agency. In this case, there is of course no discussion as to how the release of CICL would bring him into association with any known criminal or expose him to moral, physical or psychological danger and as to how the interest of justice will be defeated. Thus, it appears to this Court that the learned Appellate Court has incorrectly appreciated the materials on record to confirm the order of the learned JJB while refusing bail to the CICL. It is also found that the CICL has been detained in Observation Home since 07.11.2023 and investigation has already been completed and trial has already commenced.

In the aforesaid facts and circumstance, especially when the proviso to Sec. 12 of the Act has not been properly applied and appreciated by the learned Appellate Court in refusing bail to the CICL and the CICL having detained in Observation Home for a substantial period, this Court notwithstanding to the objection raised by the learned Addl. Public Prosecutor, considers it in the interest of justice to extend the benefit of bail to the petitioner-cum-CICL because nothing has been placed on record to say that the release of CICL would bring him into association with any known criminal or expose him to moral, physical or psychological danger.

In the result, the criminal revision stands allowed on contest, but in the circumstance, there is no order as to cost. Ergo, the impugned judgment passed by the learned Appellate Court as well as the order passed by the learned JJB, Keonjhar in refusing bail to the CICL are hereby set aside and consequently, the CICL is directed to be released on bail by the forum in seisin over the matter on such terms and conditions as deems fit and proper including one condition that the father/guardian of the CICL would ensure that the CICL shall not contact or visit the victim till disposal of the case..

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