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CRL REV No. 96 of 2021

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No. 96 of 2021

An application under Section 102 of the Juvenile Justice (Care and

Protection of Children) Act, 2015.

Tanoj Kumar Naik @

Sahil

….

Petitioner

Versus

State of Orissa &

Another

….

Opp. Parties

Advocates appeared in this case through Hybrid Mode :

For Petitioner

:

Mr. Debabrata Dash, Advocate

For Opp. Party

:

Mr. Sibani Shankar Pradhan,

Addl. Govt. Advocate

CORAM:

JUSTICE SAVITRI RATHO

.………………………………………………………………………

Date of Judgment : 27.01.2022

………………………………………………………………………..

Savitri Ratho, J. 1.

Heard Mr. Debabrata Dash, learned counsel for the

petitioner-Child in Conflict with Law ( in short “CCL”) and Mr.

Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the

State.

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CRL REV No. 96 of 2021

2.

Notice had been issued to the informant-Opp. Party No.2

through the I.I.C. as well as through the Registered Post with A.D.

None appears for Opp. Party No.2 when the matter is called.

3.

This is an application under Section 102 of the Juvenile

Justice (Care and Protection of Children) Act, 2015, ( in short the

“JJ Act” ) for grant of bail to the CCL in connection with J.C.T.

Case No.281/62 of 2020 corresponding to Koksara P.S. Case

No.197 of 2020 in the Court of the Registrar -cum- Principal

Magistrate, Juvenile Justice Board, Kalahandi, Bhawanipatna

registered for commission of offences punishable under Sections

147/451/294/506/305/34 of the I.P.C. read with Section 12 of the

POCSO Act.

4.

The prayer for bail of the CCL was rejected by the Registrar

-cum- Principal Magistrate, Juvenile Justice Board, Kalahandi,

Bhawanipatna by order dated 10.08.2020 and thereafter by the

learned Addl. Sessions Judge -cum- Special Judge, Children Court,

Bhawanipatna in Criminal Appeal No. 02 of 2020 by order dated

27.11.2020.

5.

The allegations against the CCL as per the FIR is that on

31.07.2020 at about 8.30 p.m. the CCL has abused the son of the

informant over phone and threatened to kill him. On 01.08.2020,

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CRL REV No. 96 of 2021

at about 11.30 p.m., the CCL along with other accused persons

forcibly opened the door of the house of the informant and abused

his son in obscene language and told him that his sister is his lover

and he will commit rape of her in their presence and then left the

spot. On account of this behaviour of the CCL, the daughter of the

informant committed suicide the next day by hanging herself from

a tree by means of a Odhani.

6.

Mr. Dash, learned counsel for the CCL states that the CCL

was aged about 16 years at the time of occurrence and is in the

observation home since 10.08.2020. He further submits that charge

sheet has been submitted for the offences punishable under

Sections 147/451/294/506/305/34 of the I.P.C. read with Section 12

of the POCSO Act and the cause of death of the deceased has been

opined to be asphyxia caused by suicidal hanging. He further

submits that the social investigation report of the petitioner is

favourable and in view of the mandate of Section 12 of the Juvenile

Justice (Care and Protection of Children) Act and the decisions of

this Court and the Hon’ble Supreme Court and the absence of

cogent material on record to show that the release of the petitioner

is likely to bring him into association with any known criminal or

expose him to moral, physical or psychological danger or that his

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CRL REV No. 96 of 2021

release would defeat the ends of justice, he may be released on

bail.

7.

Mr. Pradhan, learned Addl. Govt. Advocate has produced

the post mortem examination report along with social investigation

report of the CCL and opposes the prayer for bail submitting that

the CCL is responsib