Somu Behera vs State Of Odisha

Savitri Ratho, J

I have heard Mr. Jyotirmaya Sahoo, learned counsel for the petitioners-CCLs and Mr. Mr. P.C. Das, learned Addl. Standing Counsel for the State through hybrid mode.

This is an application under Section 102 Juvenile Justice (Care and Protection of Children) Act, 2015 ( in short "JJ Act") for grant of bail to the CCLs in connection with JGR Case No.21 of 2021 corresponding to Bolagarh P.S. Case No.146 of 2021 in the Court of the P.M, JJ Board , Khordha for commission of offences punishable under Sections-147/148/294/323 /324/326/307/427/380/354-A/354-B/506/109 of I.P.C.

The prayer for bail of the CCLs. was rejected by the learned Addl. Sessions Judge, Bhubaneswar by order dated 11.10.2021 passed in Crl. Appeal No 23 of 2021 and before that by order dated 16.09.2021 passed by the learned J.J.B., Khurda in JGR No. 21 of 2021.

That the prosecution allegations in brief is that the CCLs alongwith others being armed with dangerous weapons, entered the house of Pramila Kahalsingh the informant and abused her and her children in filthy language and damaged her household articles. They assaulted her and her children and took away cash of Rs.2,75,000/-, gold and other household articles. She was referred to AIIMS Bhubaneswar and SUMS Hospital Bhubaneswar for better treatment.

Mr. Sahoo, learned counsel for the CCLs has submitted that the CCLs are college students and dispute arose out of a family dispute and some co-accused persons have been granted on bail after a few days by the learned court below in BLAPL No. 561 of 2021 dated 22.09.2021 passed by the 2nd Additional Sessions Judge , Khurda where it has been observed that the injured have been discharged from hospital. This was a few days after the prayer for bail of the CCLs were rejected by the P.M , J.J. Board, Khurda. The said order is annexed to the Criminal revision. He also submitted that this case has been registered as a counter blast after Bolagarh P.S. Case No. 20 of 2021 was registered against the informants group. He further submitted that injuries sustained by the injured are simple in nature and that the investigation in the case is complete and in view of the mandate of Section 12 of the J.J. Act the CCLs may be released on bail as their guardians are prepared to take proper care of them

Mr. Das, learned Addl. Standing Counsel for the State objected to the prayer for bail stating that the informant Pramila Kahalsingh has sustained incised injuries though simple in nature and in view of the enmity between the two groups it would not be in the interest of the CCLs to be released on bail as there is a civil dispute between the CCLs' group and the informant's group which may result in further criminal activities. He has produced the social investigation report of the CCLs wherein it is stated that the first and third CCL have passed class ten this year and are interested to continue their studies while the second CCL has failed in Class ten and not interested to study further. But the social investigation reports in respect of all the CCLs are favourable and state that they have cordial relationship with their family members.

Considering the submissions of the learned counsels, the nature of accusations against the three CCLs, the mandate of Section 12 of the Juvenile Justice (Care and Protection of Children) Act 2015, the social investigation reports, I am inclined to set aside the impugned orders and allow the criminal revision.

Let the petitioners CCLs represented by their fathers- natural guardian be released on bail by the learned P.M., J.J. Board , Khordha in JGR Case No.21 of 2021 corresponding to Bolagarh P.S. Case No.146 of 2021 on such terms and conditions as deemed just and proper including the following conditions:-

The father-natural guardian of each CCL shall furnish an undertaking that after release:

(i) The CCLs will not be allowed to come in contact with any criminals.

(ii) The CCLs will not indulge in any criminal activity.

(iii) They will pursue their studies or learn a vocation as per their interest.

The concerned Child Probation Officer shall maintain general oversight and supervision over the CCLs by visiting his house once in two weeks for the first three months and then once a month for a period of nine months to ensure that the CCLs are not exposed to any moral, physical or psychological danger and is pursuing their studies/learning a vocation and furnish report to the trial Court.

No observation in this order shall be construed as an expression on the merits of the case.

The CRLREV is accordingly disposed of.

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

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