SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ori) 3021

ORISSA HIGH COURT
Gourishankar Satapathy, J
Dusmanta Behera – Appellant
Versus
State of Odisha – Respondent
CRLREV NO.246 of 2025



Advocates:
For the Petitioner: Mr. B.Nayak
For the Respondents: Mr. R.B.Mishra, Addl.PP

Juveniles in conflict with the law are entitled to bail unless there are reasonable grounds for their release to pose danger or defeat justice.

Headnote:(A) Juvenile Justice (Care and Protection of Children) Act, 2023 - Sections 438 and 442 - Bail application for child in conflict with law - Refusal of bail by lower courts due to nature of offence - Court found no adverse reports; established that bail should not be denied on grounds of association with criminals or exposing to danger without evidence. (Paras 3, 4)

(B) The principle of bail for juveniles - The court emphasized the necessity of reasonable grounds for refusing bail and that the gravity of the offence alone cannot justify denial if there is no threat to society. (Paras 3, 5) Facts of the Case: The revision-petitioner was a juvenile accused of serious offences, including kidnapping and rape, with prior applications for bail denied by lower courts based on the nature of the allegations.

Findings of Court:
The lack of adverse observations in the Social Investigation Report and Social Background Report led the court to conclude that the petitioner should be granted bail.

Issues: The main consideration was whether the refusal of bail based solely on the seriousness of the allegations against a minor is appropriate in absence of evidence suggesting danger or criminal association.

Ratio Decidendi: A juvenile's right to bail should not be inhibited merely due to the severity of allegations unless accompanied by substantial grounds indicating risk to justice or safety.

Result: Criminal revision allowed, previous orders denying bail are set aside.

Table of Content
1. court's emphasis on valid grounds for bail denial. (Para 3)
2. court's decision to grant bail based on sir and sbr. (Para 4)
3. final ruling acknowledging the need for proper bail conditions. (Para 5)

G. Satapathy, J.

1. This criminal revision U/S. 102 of the Juvenile Justice (Care and Protection of Children) Act, (cid:0)(cid:21)(cid:0)(cid:19)(cid:0)(cid:20)(cid:0)(cid:24)(cid:0)(cid:3) (cid:0)(cid:11)(cid:0)L(cid:0)Q(cid:0)(cid:3) (cid:0)V(cid:0)K(cid:0)R(cid:0)U(cid:0)W(cid:0)(cid:3) (cid:0)‡(cid:0)W(cid:0)Kis(cid:0) Hd(cid:0)(cid:3)ire(cid:0)$c(cid:0)tFe(cid:0)dW (cid:0)a·(cid:0)g(cid:12)(cid:0)a(cid:3)inst the impugned order dated 09.04.2025 passed by the learned 1 st Addl. District & Sessions Judge-cum-

Presiding Officer, Children Court, Baripada in Bail Application No. 05 of 2025 confirming the order dated

04.04.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Baripada in JC Case No. 15 of 2025 arising out of Rairangpur PS Case No.

41 of 2025 refusing to grant bail to the revision- petitioner who is a child in conflict with law-cum-CICL for commission of offence punishable U/Ss.

137(2)/87/65(1)/64(2)(m) of BNS read with Sec. 6 of POCSO Act on the main allegation of kidnaping the victim and committing rape and penetrative sexual assault upon her.

2. Heard, Mr.Biswajit Nayak, learned counsel for the revision-petitioner and Mr.R.B.Mishra, learned Addl. PP and perused the record including the Social Investigation Report and Social Background Report of the child in conflict with law-cum-petitioner.

3. A careful scrutiny of the SIR and SBR of the revision-petitioner, no adverse observation is found against him. Bail to the juvenile can only be refused, if there appears reasonable grounds to believe that the release of the CICL would bring him into association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. In this case, there is no such fact available on the record, however, the learned Presiding Officer, Children Court has considered the nature and gravity of the offence together with the allegation while refusing bail to the revision-petitioner which is contrary to the mandate of law. In such view of the matter, this Court considers that the revision-petitioner has made out a case for grant of bail.

4. In the aforesaid backdrop and circumstance and taking into account the SIR and SBR, since there is no adverse report available against the petitioner, this Court without expressing any view on merits considers it proper to admit the petitioner to bail.

5. Hence, the criminal revision stands allowed on contest, but in the circumstance, there is no order as to cost. Consequently, the impugned order passed by the learned Appellate Court so also the order of the learned JJB, Baripda in refusing bail to the CICL are hereby set aside and the revision- petitioner-cum-CICL be admitted to bail by the forum/Court in seisin over the matter on such terms and conditions as deems fit and proper.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top