Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ori) 204

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA, J.
Bikash Palei @ Sankur - Petitioner
Versus
State of Odisha - Opposite Party
CRLREV No.248 of 2024
Decided On : 04-11-2024

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rabi Narayan Mohanty, Advocate
For the Opposite Party : Ms. Samapika Mishra

Bail for minors is the rule, and its denial must be justified with clear evidence of risk or harm, not merely based on allegation severity.

Headnote:(A) Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 12 and 102 - Bail for Child in Conflict with Law (CICL) - The court emphasizes that the grant of bail is the rule and denial the exception, solely based on specific grounds of danger to the child or the community - Psychological and moral safety of the CICL in consideration of bail determinations held paramount. (Paras 8-11)

(B) Criminal Procedure - Bail applications for minors cannot be refused based solely on the nature or gravity of allegations without clear evidence. The impugned orders of the PMJJB and the Appellate Court were not based on substantive evidence but on presumptions. (Paras 10-12)

Facts of the case:
The petitioner was alleged to be involved in a murder case, with prior refusal of bail based on social investigation reports predicting risks upon release.

Findings of Court:
The court found no justification in the impugned orders and held that the CICL must be released on bail, citing the provisions of law requiring sound justification for denial.

Issues: The primary issues involved the grounds for denial of bail and the standard of proof required in juvenile cases.

Ratio Decidendi: A child's potential involvement in crime cannot justify bail denial without compelling evidence; the focus should be on rehabilitation rather than punitive measures.

Result: The revision petition is allowed, and bail is granted.

Table of Content
1. description of case and background (Para 1 , 2 , 3 , 4)
2. arguments against denial of bail (Para 5 , 6 , 7 , 8 , 9)
3. court's reasoning on bail standards (Para 11)
4. decision in favor of petitioner (Para 12 , 13)
5. final order and directives (Para 14 , 15 , 16 , 17)

JUDGMENT :

A.C. Behera, J.

1. This is a criminal revision, which has been filed under Section 102 of the J.J. (C&P) Act, 2015 by the petitioner (CICL) against the judgment of dismissal of Crl. Appeal No.36 of 2024 passed on dated 30.04.2024 by the learned 4^th Additional Sessions Judge-cum-Children’s Court, Bhubaneswar confirming an order of refusal of bail of the petitioner (CICL) passed on dated 18.04.2024 by the PMJJB, Bhubaneswar in JGR No.47 of 2024 arising out of Balipatna P.S. Case No.160 of 2024.

2. The factual backgrounds of this revision, which prompted the petitioner (CICL) for filing of the same is that, on the basis of written report lodged by the wife of the deceased Akshaya Kumar Majhi at Balipatna Police Station on dated 18.03.2024 alleging the killing of her husband on dated 17.03.2024 at about 8:30 P.M. by some persons named in that written report involving the petitioner (CICL) with that incident, the petitioner (CICL) was brought by the police on dated 19.03.2024 and produced before the PMJJB, Bhubaneswar in JGR No.47 of 2024 arising out of Balipatna P.S. Case No.160 of 2024 alleging allegations under Section 341 , 323, 324, 302, 120 B/34 of the IPC and he(CICL) was sent to juvenile Home by the order of PMJJB. Thereafter, the prayer for bail of the CICL was refused by the PMJJB, Bhubaneswar on dated 18.04.2024 assigning the reasons that, “as the materials reveal prima facie involvement of the CICL with the alleged incident and as the allegations are serious in nature and as it reveals from the social investigation report (SIR) that, the CICL was involved with the alleged incident by the influence of his family members and as most of his family members are under detention inside the bar, for which, the board does not feel to enlarge the CICL on bail at this stage.”

3. On being dissatisfied with the above order of refusal of bail of the CICL passed on dated 18.04.2024 by the PMJJB, Bhubaneswar in JGR No.47 of 2024, he (CICL) preferred an appeal under Section 101 of J.J.(C&P) Act, 2015 vide Crl. Appeal No.36 of 2024 challenging the same being the appellant before learned 4^th Additional Sessions Judge-cum-Children’s Court, Bhubaneswar.

4. After hearing, the learned Appellate Court dismissed that Crl. Appeal No.36 of 2024 of the CICL as per its judgment dated 30.04.2024 confirming the order of refusal of his bail passed on dated 18.04.2024 in JGR No.47 of 2024 by the PMJJB, Bhubaneswar assigning the reasons that, “as the allegations against the CICL(appellant) are serious in nature and as it reveals from social investigation report that, he (CICL) may involve in other similar nature of incidents due to his family and circumstantial pressure and as there is reasonable ground for believing that, the release of CICL on bail may involve him in similar type of incident and as there is danger to the life of CICL, in case of his release on bail, for which, his stay inside the observation home is more protected and as it appears that, if he (CICL) will be released on bail, he may be influenced by his friends and may involve with unlawful incidents without knowing the consequences thereof, which will expose him to moral and psychological danger, for which, for the interest of the CICL i.e. for his safety and wellbeing and to prevent him (CICL) from being exposed to the harmful influence by others, his bail application stands refused and the Crl. Appeal No.36 of 2024 of the CICL is dismissed.”

Thereafter, he (CICL) challenged the above dismissal order of his Crl. Appeal No.36 of 2024 passed on dated 30.04.2024 by the learned 4^th Additional Sessions Judge-cum-Children’s Court, Bhubaneswar by filing this Criminal Revision No.248 of 2024 under Se