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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
CCL – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. bail application background and allegations (Para 1) |
| 2. consideration of rival arguments and sir insights (Para 2 , 3) |
| 3. court's analysis on bail refusal criteria (Para 4) |
| 4. conclusion and order for bail (Para 5) |
JUDGMENT :
G. Satapathy, J.
1. This Criminal Appeal in the nature of bail application by the Appellant-Petitioner who is a Child in Conflict With Law (In Short “CICL”) is directed against the impugned order dated 24.10.2024 passed by the learned Presiding Officer, Children’s Court, Nayagarh in TR No.132 of 2024 refusing grant bail to the CICL in connection with Juveline Case No. 16 of 2024 arising out Bhitamati PS Case No. 148 of 2024 for commission of offences punishable U/Ss. 363/366/376(2)(n)/376(3)/294/323/506/34 of IPC read with Sec. 4(2) and 6(1) of POCSO Act on the main allegation of kidnapping the victim aged about less than 16 years and committing rape and aggravated penetrative sexual assault upon her
2. Heard, Mr. Amitav Tripathy, learned counsel for the Appellant-Petitioner, Mr. Karunakar Das, learned counsel representing the Informant and Mr. S.K. Rout, learned Addl. Public Prosecutor and perused the record including the Social Background Repo
The court ruled that bail for a Child in Conflict With Law should not be denied on speculative grounds, emphasizing protection over criminalization in adolescent relationships, as per Section 12 of t....
The presumption of innocence and the best interests of the child should guide bail decisions for children in conflict with the law.
The central legal point established in the judgment is the importance of considering the absence of reasonable grounds for believing that a juvenile's release would bring him into association with kn....
Children in conflict with law are presumed innocent, and their welfare must be prioritized in bail considerations.
Bail to juvenile in conflict with law – All decisions regarding child shall be based on primary consideration that they are in best interest of child and to help child to develop full potential.
Denial of bail to a Child in Conflict with Law requires substantial grounds; mere seriousness of allegations is insufficient if statutory criteria are not met.
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
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