The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.389 of 2024 (In the matter of an appeal under Section 401 of the Criminal Procedure code, 1973 read with Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015) Abhisek Nag -versus- State of Odisha and another …. …. Petitioner Opposite Parties Appeared in this case:- For Petitioner For Opposite Parties : : Appeared in this case:- CORAM: JUSTICE A.C. BEHERA
Legal Reasoning
Mr. S.K. Padhy, Advocate Mr. R.B. Mishra, Learned Additional Government Advocate JUDGMENT Date of hearing : 28.10.2024 / date of judgment : 30.10.2024 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 CICL being the petitioner challenging the dismissal order of the criminal appeal vide Criminal Appeal No.18 of 2024 passed on dated 27.06.2024 by the learned 1st Additional Sessions Page 1 of 10 Judge-cum-P.O. Children‟s Court, Balangir confirming the order of rejection of bail of the CICL (petitioner in this revision) passed on dated 26.12.2023 by the Juvenile Justice Board, Balangir in JC No.106 of 2023 arising out of Saintala P.S. Case No.104 of 2023. 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, the petitioner (CICL) was brought before the Juvenile Justice Board, Balangir alleging an incident against him(CICL) that, on 22.12.2023, he(CICL/petitioner) took the victim applying force and kept physical relationship with her time and again, to which, she(victim) intimated to her father over phone, then she (victim) was rescued, thereafter, her father reported about the same in writing before Saintala Police Station. On the basis of such written report, the police registered Saintala P.s. Case No.374 of 2023 under Sections 363, 376(2)(n), 376(3), 506 of the I.P.C. 1860 and Section 6 of the POCSO Act, 2012 and proceeded with the said matter and brought the CICL and produced him before the Juvenile Justice Board, Balangir stating about his involvement in that incident, but, the Juvenile Justice Board, Balangir sent him(CICL) to the observation Home, Rourkela after rejecting his prayer for bail on dated 26.12.2023 assigning the reasons that, in case of release of the Page 2 of 10 CICL on bail on the same day, he may not realize about his wrong doing and his life might be in danger. 3. For which, he (CICL) challenged the said order of rejection of his bail passed on 26.12.2023 by the Juvenile Justice Board in J.C. No.106 of 2023 preferring an appeal under Section 101 of the J.J. (C&P) Act, 2015 before the learned 1st Additional Sessions Judge-cum-P.O. Children‟s Court, Balangir being an appellant vide Criminal Appeal No.18 of 2024. 4. The learned appellate court dismissed that Criminal Appeal No.18 of 2024 of the CICL on dated 27.06.2024 confirming the order of rejection of his bail passed by the Juvenile Justice Board, Balangir assigning the reasons that, “according to the allegations, the release of the CICL at this stage is very much likely to expose him to moral as well as psychological danger and his chances from fleeing away from justice cannot be ruled out, so, in the best interest of the CICL as well as for the ends of justice, it is highly imperative to keep him (CICL) in the observation home in the present stage of the proceeding.” 5. So, the CICL filed this revision under Section 102 of the J.J. (C&P) Act, 2015 being the petitioner challenging the above dismissal order dated 27.06.2024 passed in Criminal Appeal No.18 of 2024 by the learned 1st Additional Sessions Judge-cum-P.O. Children‟s Court, Balangir. Page 3 of 10 6. I have already heard from the learned counsel for the petitioner and the learned Additional Standing Counsel for the State(Opposite Party No.2) only, as, the so-called aggrieved person of the alleged incident, i.e., Opposite Party No.1 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). 7. During the course of hearing, the learned counsel for the petitioner(CICL) submitted that, the CICL is prosecuting his study, for which, his prayer for bail should not have been refused by the Juvenile Justice Board, Balangir as well as by the learned appellate court, to which, learned 1st Additional Standing Counsel objected contending in support of the reasons assigned above by the Juvenile Justice Board as well as by the learned appellate court for the refusal of the bail of the CICL(petitioner). As per the provisions of law envisaged in the proviso of 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) (ii) there appears reasonable grounds for believing that, the release of CICL on bail shall bring him into association with any known criminal or shall expose him to moral, physical and psychological danger or that his such release would defeat the ends of justice and Page 4 of 10 8. The necessary essentials/materials indicated above in (i) and (ii) of the proviso of Sub-section(1) of Section 12 of 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 bail. 9. As per The J.J.(C&P) Act, 2015, the nature and gravity of allegations alleged against the CICL has no significance for consideration of bail. So, the CICL has to be released on bail irrespective of the nature and gravity of the allegations. The J.J.(C&P) Act, 2015 is a beneficial legislation, which has been enacted to reform the child. The solemn purpose/object of The J.J.(C&P) Act, 2015 is to achieve betterment of the child including CICL. It has a reformative approach. If it is found that, the ends of justice would be benefited or the desired goal of the legislation can be achieved by detaining a CICL in a Juvenile Home, only in that case, bail of the CICL can be denied. 10. Therefore, as per the mandate of the provisions of Section 12 of the J.J.(C&P) Act, 2015, a CICL has to be released on bail, irrespective of the nature of allegations, because, bail for the CICL is the rule and refusal is an exception. The right of privilege of bail of the CICL can be denied, only on the basis of sufficient materials with firm reasons for the same that, the enlargement of bail of CICL shall be detrimental to the Page 5 of 10 interest of the CICL or his refusal of bail would benefit the ends of justice. 11. On this aspect, the propositions of law has already been clarified by the Hon‟ble Courts and the Apex Court in the ratio of the following decisions :- (i) (ii) 2020(2) OJR-73(S.C.) : Exploitation of Children in Orphanages in the State of Tamil Nadu vrs. Union of India and others— J.J.(C&P) Act, 2015— Sections 10 & 12—Bail—The only embargo created for bail of the CICL is that, (i) in case the release of the child is likely bring into association with known criminals or (ii) expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice. 2016(1) CLT Crl. (Supp.)-Criminal-17 : Pankaj Kumar Malik vrs. State of Odisha— J.J.(C&P) Act, 2015—Sections 12 & 53—Bail—Release on bail of the CICL is a rule, but refusal is an exception, which can only be done in the existence of circumstances detrimental to the interest of the CICL or if the same would defeat the ends of justice—Heinousness and seriousness of an offence has got nothing to do in consideration of the prayer for bail. (iii) 2016(4) Crime-78(Madras) : Vigneshwaran @ Vignesh Ram vrs. State— J.J.(C&P) Act, 2015— Section 12—Bail—So juveniles are concerned, grant of bail is the rule and non-grant of bail is only an exception.(Para-7) far as (iv) 2016(4) Crime-188(Allahabad): Amit Yadav Alias Monu Alias Bebo vrs. State of U.P.. and Anr.— J.J.(C&P) Act, 2000—Section 12—Bail—If there are no imminent chances of his repeating the crime, bail to a juvenile should not be ordinarily refused. Page 6 of 10 (v) 2009 Cr.L.J. : A Juvenile vrs. State of Orissa 2002(Orissa) “A Juvenile needs parental protection and guidance to bring him back to the main-stream of the society from which he has strayed. Thus, his release on bail would aid the ends of justice rather than defeat it.” (vi) CRR 53 of 2021(O&M) (P&H) : Vishvas vrs. State of Punjab (dated on 08.02.2021) Para-16—J.J. (C&P) Act, 2015—Section 12—Bail—The social investigation would enable the Board to come to a conclusion as to whether there are any grounds of denying bail as per the proviso to Section 12(1) of the J.J.(C&P) Act, 2015. Therefore, it is incumbent upon the J.J. Board to take into consideration the social investigation report and make an objective assessment of the reasonable grounds for rejecting the bail application of the juvenile. Because, the identify and to social understand in the child the circumstances of question, what may have led to the alleged incident. investigation report is 12. Here, in this matter at hand, the bail of the CICL(petitioner) has been refused by the Juvenile Justice Board as well as by the learned appellate court assigning the reasons, i.e.,- “if he(CICL) is released on bail on the same day, he may not realize about his wrong doing and his life might be in danger. As per the nature of allegation, the release of the CICL at this stage is very much likely to expose him to moral as well as psychological danger and the chances of the CICL from fleeing away from the justice cannot be ruled out. So, in the best interest of the CICL as well as for the ends of justice, it is highly imperative to keep the CICL in the observation home, in the present stage of the proceeding.” 13. Neither the Juvenile Justice Board, Balangir nor the learned appellate court has referred or perused any social investigation report for Page 7 of 10 ascertaining that, whether, in case of release of the CICL on bail, the same shall bring him into association with any known criminal or shall expose him to moral, physical or psychological danger or his release would defeat the ends of justice, for which, it is held that, when the Juvenile Justice Board, Balangir as per its order dated 26.12.2023 in J.C. No.106 of 2023 as well as the appellate court in its judgment dated 27.06.2024 in Criminal Appeal No.18 of 2024 both have refused the prayer for bail of the CICL assigning the above reasons merely on the basis of presumptions, surmises/inferences and guess work without any substance/basis/material about the same, then at this juncture, in view of the principles of law enunciated in the ratio of the above decisions of the Hon‟ble Courts and the Apex Court, the order as well as judgment passed by the Juvenile Justice Board in J.C. No.106 of 2023 and learned appellate court in Criminal Appeal No.18 of 2024 on the basis of surmises/inferences cannot be sustainable under law. Because, prayer for bail of CICL cannot be considered dehors(without) social investigation report. Therefore, the non-consideration of social investigation report renders the impugned orders, i.e., for rejection of bail of the CICL as illegal. For which, there is justification under law, for making interference with the same through this revision filed by the CICL(petitioner). Page 8 of 10 As such, there is merit in this revision of the petitioner (CICL). The same must succeed. 14. In result, the revision filed by the CICL(petitioner) is allowed on merit. The impugned order dated 26.12.2023 passed by the Juvenile Justice Board, Balangir in J.C. No.106 of 2023 and the impugned judgment dated 27.06.2024 passed in Criminal Appeal No.18 of 2024 by the learned 1st Additional Sessions Judge-cum-Children‟s Court, Balangir are set aside. 15. The prayer for bail of the CICL(petitioner) in J.C. No.106 of 2023 is allowed. 16. The learned Juvenile Justice Board, Balangir is directed to release the CICL(petitioner) on bail in J.C. No.106 of 2023 with required bail bond or bail bonds imposing lawful conditions as it deems fit and proper with a compulsory condition that:- The father-natural guardian of the CICL shall furnish an undertaking that, he will not allow the CICL to come in contact with any bad association and indulge with any unlawful/illegal activities. the CICL shall not
Decision
17. Accordingly, this criminal revision is disposed of finally. Page 9 of 10 Registry is directed to transmit the copies of this judgment to the appellate court in reference to Criminal Appeal No.18. of 2024 as well as Juvenile Justice Board, Balangir in reference to J.C. No.106 of 2023 forthwith for information and lawful actions/compliances on the basis of this judgment. The petitioner (CICL) is at liberty to use the computerized/uploaded copy of this judgment for his early release on bail, as holidays starts from tomorrow. ( A.C. Behera ) Judge Orissa High Court, Cuttack The 30th of October, 2024/ Jagabandhu, P.A. Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 30-Oct-2024 17:02:23 Page 10 of 10