Mukunda Naik vs State Of Odisha

G. Satapathy, J.

This criminal revision U/S. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short “the Act”) is directed against the impugned order dated 03.12.2025 passed by the learned Addl. District and Sessions Judge-cum-PO Children’s Court, Rayagada, in Bail Appeal No. 18 of 2025 confirming the order passed by the learned PM,JJB, Rayagada in JJC Case No. 61 of 2025 arising out of Rayagada PS Case No. 309 of 2025 refusing to grant bail to the revision-petitioner who is child in conflict with law(CICL) for commission of offence punishable U/Ss. 191(2)/191(3)/103(1)/61(2)/190 of BNS, on the main allegation of assaulting the deceased Rohit Thapa to death, along with co-accused persons by using deadly weapon. The revision petitioner is represented by his father in this CRLREV.

Heard, Mr. Panchanan Panigrahi, learned counsel for the revision-petitioner and Mr.T.K.Acharya, learned Addl. PP, and perused the record.

After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner and others for attacking another group of people including the deceased, but Bail to the CICL can be refused, if there appears reasonable grounds for believing that the release of 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. The Petitioner in this case is definitely a CICL, but his Social Investigation Report (SIR) as produced reveals that the CICL is involved in another case in Rayagada PS Case No. 288 of 2023 for offences U/Ss. 363/376(3) of IPC r/w Section 4 POCSO Act, however, nowhere therein it has been stated that the CICL is in bad association with others, rather the suggestive cause of the problem has been described therein as peer group influence and liberal atmosphere at home. Besides, the SIR also reveals that the CICL can be warned not to commit any mischievous activity. The present case depicts a situation, where two groups of teen agers are in loggerhead on some issues, but there is no specific allegation against the CICL for assaulting the deceased. Additionally, two CICLs have already been admitted to bail by the learned PO-cum-Children’s Court.

In the aforesaid facts and situation and taking into account the circumstance of implication of the Petitioner keeping in view the mandate of Sec. 12 of the Act and bail being the rule, but detention of CICL being an exception, this Court without expressing any view on merits, considers it proper to admit the CICL to bail.

In the result, the criminal revision stands allowed and the impugned order is hereby set aside, so also the order passed by the learned PM,JJB, Rayagada in JJC Case No. 61 of 2025 arising out of Rayagada PS Case No. 309 of 2025. Consequently, the revision-petitioner-cum-CICL be released on bail by the forum/Court in seisin over the matter on such terms and conditions as deems fit and proper by it.

Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.