JUDGMENT

Date of hearing : 27.11.2024 / date of judgment : 29.11.2024 A.C. Behera, J. This revision has been filed under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 [in short the („J.J.(C&P) Act, 2015‟)] by the Child in Conflict with Law (in short „CICL‟) being the petitioner challenging the dismissal order of the Criminal Appeal No.05 of 2024 passed on dated 11.06.2024 by the learned Additional Sessions Judge-cum-Special Judge(Children‟s Court), Bhawanipatna confirming an order i.e. refusal of his bail passed by Juvenile Justice Board, Kalahandi, Bhawanipatna on dated 08.04.2024 in JCT No.15 of 2024 arising out of Koksara P.S. Case No.62 of 2024.

2. The factual backgrounds of this revision under Section 102 of The J.J. (C&P) Act, 2015, which prompted the CICL(petitioner) for filing of the same is that, he (CICL/Petitioner) was brought before the Juvenile Justice Board, Kalahandi, Bhawanipatna stating his involvement in the situations with minor victim, but, the Juvenile Justice Board, Kalahandi, Bhawanipatna sent the CICL to the observation Home and refused his prayer for bail on dated 08.04.2024.

3. For which, the CICL challenged the said rejection order of his bail preferring an appeal vide Criminal Appeal No.11 of 2024 under Section 101 of The J.J. (C&P) Act, 2015 before the learned Additional Sessions Judge-cum-Special Judge(Children‟s Court), Bhawanipatna being the appellant.

The learned appellate court dismissed that Criminal Appeal No.05 of 2024 of the CICL on dated 11.06.2024 and confirmed the order of rejection of his bail passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna assigning the reasons that,

“It is not proper to release the CICL on bail for the ends of justice as there is possibility of his exposure to moral, physical, psychological danger and indulgence with other anti-socials and there is every chance that, the

minor CICL will be exposed to moral, physical or psychological danger, if he is released on bail.”

4. So, the CICL filed this revision under Section 102 of The J.J. (C&P) Act, 2015 challenging the above dismissal order dated 08.04.2024 passed by the learned appellate court in Criminal Appeal No.11 of 2024.

5. I have already heard from the learned counsel for the petitioner (CICL) and the learned Standing Counsel for the State as, the so-called aggrieved person of the alleged matter, i.e., Opposite Party No.2 did not choose to participate in the hearing of this revision in spite of receiving notice for the same through the learned Additional Standing Counsel for the State(Opposite Party).

6. During the course of hearing, the learned counsel for the petitioner(CICL) submitted that, the orders passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna in JCT No.15 of 2024 as well as by the appellate court in Criminal Appeal No.05 of 2024 for the refusal of bail of the CICL(petitioner) are not in conformity with law, for which, the said orders are not sustainable under law, to which, the learned Standing Counsel for the State objected contending in support of the reasons assigned above by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the learned appellate court for the refusal of bail of the CICL(petitioner).

7. As per the provisions of law envisaged in the proviso to Sub- section(1) of Section 12 of The J.J.(C&P) Act, 2015, the CICL can be denied with the privilege of bail, only, if, the court is of the opinion that, (i) there appears reasonable grounds for believing that, the release of CICL on bail shall bring him into association with any known criminal or (ii) shall expose him to moral, physical and psychological danger or that his such release would defeat the ends of justice.

8. The necessary essentials indicated above in (i) & (ii) of the proviso of Sub-section(1) to Section 12 of The J.J.(C&P) Act, 2015 must be there in the record to make out any of the above grounds out of two, which may persuade the court not to release the CICL on