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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Additional Standing counsel for the State.
Learned State counsel seeks further time to produce Social Investigation Report as directed by this Court by order dated 30.05.2024. Having regard to the fact that sufficient time has been granted to the State and the petitioner is a juvenile, I am not inclined to grant any further time. The revision is therefore, taken up for hearing.
The petitioner being a juvenile is involved in J.C. No. 34 of 2024 pending before the learned PMJJB, Bolangir for the alleged commission of offence under Section 395 of IPC and Sections 25 and 27 of the Arms Act. It is alleged that 5 unknown persons came in a two-wheeler, being armed with pistols, and stopped a truck transporting manganese from Chapa to Visakhapatnam. Nobody has been named in the FIR. The petitioner’s application for bail was rejected by the PMJJB by order dated 24.04.2024. He preferred an appeal against such rejection being Criminal Appeal No. 13 of 2024 before the learned First Additional Sessions Judge-cum- P.O. Children Court, Bolangir. Said appeal also came to be rejected by order dated 09.05.2024. This is how the petitioner is before this Court seeking to challenge the orders of rejection of his applications for bail by both the Courts below.
Perusal of the FIR reveals that no one has been named therein. Further, reading of the order dated 24.04.2024 passed by the learned PMJJB reveals that the petitioner appears to have been implicated entirely on the so-called confession of the co-accused namely, Anand Sahoo. There is no other independent material to show his involvement in the alleged occurrence. That apart, there is no material to show that if he released, the petitioner would be associated with any known criminals or expose himself to moral, physical or psychological danger.
The petitioner is in custody since 22.04.2024. Having regard to the materials on record and the submissions made as also the period of detention of the petitioner in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court below may deem fit and proper to impose.
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