The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.675 of 2024 (In the matter of a revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015) CICL(Child in Conflict with Law) -versus- State of Odisha and another …. …. Petitioner Opposite Parties Appeared in this case:- For Petitioner For Opposite Party : : Appeared in this case:- CORAM: JUSTICE A.C. BEHERA
Legal Reasoning
Mr. S. Dwibedi, Advocate Mr. T.K. Acharya, Learned Additional Standing Counsel JUDGMENT Date of hearing : 20.12.2024 / date of judgment : 23.12.2024 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 Appeal No.12 of 2024 passed on dated 13.11.2024 by the learned Additional District and Sessions Judge-cum-Special Judge (Children‟s Court), Nabarangpur confirming an order of rejection of bail of the CICL (petitioner in this revision) passed on dated 27.10.2024 by Page 1 of 9 the Juvenile Justice Board, Nabarangpur in J.C. No.29 of 2024 arising out of Nabarangpur P.S. Case No.385 of 2024. 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, Nabarangpur stating his involvement about fifteen years back in the situations/circumstances with the informer, but, when the CICL prayed for his bail by filing an application, then the Juvenile Justice Board, Nabarangpur rejected his prayer for bail on dated 27.10.2024 assigning the reasons that, “the release of the CICL at this stage would not only defeat the ends of justice, but there is reasonable grounds for believing that his release is likely to expose him to moral, physical and psychological danger.” 3. Therefore, he (CICL) challenged the said order of rejection of his bail passed on 27.10.2024 by the Juvenile Justice Board, Nabarangpur in J.C. No.29 of 2024 preferring an appeal vide Appeal No.12 of 2024 under Section 101 of the J.J. (C&P) Act, 2015 before the learned Additional District and Sessions Judge-cum-Special Judge(Children‟s Court), Nabarangpur being an appellant. 4. The learned appellate court dismissed that Appeal No.12 of 2024 of the CICL on dated 13.11.2024 confirming the order of rejection of his Page 2 of 9 bail passed by the Juvenile Justice Board, Nabarangpur being fully agreed with the above reasons assigned by the Juvenile Justice Board, Nabarangpur for refusal of bail of the CICL. 5. So, the CICL filed this revision under Section 102 of the J.J. (C&P) Act, 2015 being the petitioner challenging the dismissal order of Appeal No.12 of 2024 passed on dated 13.11.2024 by the learned Additional District and Sessions Judge-cum-Special Judge(Children‟s Court), Nabarangpur. 6. I have already heard from the learned counsel for the petitioner and the learned Additional Standing Counsel for the State and the aggrieved person through video conferencing. 7. During the course of hearing, the learned counsel for the petitioner(CICL) submitted that, the orders passed by the Juvenile Justice Board, Nabarangur in J.C. No.29 of 2024 as well as by the appellate court in Appeal No.12 of 2024 for the refusal of bail of the CICL(petitioner) are not in conformity with law, for which, the said orders are not sustainable under law, to which, the learned Additional Standing Counsel for the State and the aggrieved person objected contending in support of the reasons assigned above by the Juvenile Justice Board, Nabarangpur as well as by the learned appellate court for the refusal of bail of the CICL(petitioner). Page 3 of 9 8. As per the provisions of law envisaged in the proviso to 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) 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 (ii) to moral, physical and psychological danger or that his such release would defeat the ends of justice. 9. The necessary essentials indicated above in (i) & (ii) of the proviso of Sub-section(1) to Section 12 of The 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. 10. As per The J.J.(C&P) Act, 2015, the nature and gravity of the situations/circumstances relating to the involvement of the CICL into the same will be of no significance for consideration of bail of the CICL. So, the CICL has to be released on bail irrespective of the nature and gravity of the situations/circumstances. The J.J.(C&P) Act, 2015 is a beneficial legislation, which has been enacted to reform the child. As per Section 3(i) and (iv) of the said Act, 2015, all decisions regarding the child shall be passed for the “best interest” of the Page 4 of 9 child(CICL) in order to help the child to develop his/her full potential presuming the CICL “to be an innocent.” Therefore, in all orders pertaining to a CICL has to be a reformative approach for no other reason, only for promoting the well- being of the child(CICL). 11. 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 and gravity of the situation/circumstance, 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 assigning clear and valid reasons regarding the applicability of the proviso of Sub-section(1) to Section-12 of The J.J.(C&P) Act, 2015, otherwise not. 12. 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) 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 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. (ii) Suo Motu Writ Petition(Civil) No.04 of 2020(S.C.) Page 5 of 9 The JJBS and Children‟s Court shall consider in taking steps to release all children on bail, unless there are clear and valid reasons for the application of the proviso to Section 12 JJ(C&P) Act, 2015 for the refusal of their bails. (iii) 2011(4) Crimes-204(Jharkhand) : Manish Kumar vrs. The State of Jharkhand—J.J.(C&P) Act, 2015— Section 12—Bail—Bail to Juvenile is rule and refusal is an exception. When the case of the CICL does not come within proviso to Section 12, then the CICL is deserved for bail. (iv) 2016(4) Crimes-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 matter, bail to a juvenile should not be ordinarily refused. (v) 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—An application for bail of the CICL under Section 12 of the J.J.(C&P) Act, 2015 cannot be decided without taking into consideration of the social investigation report of a juvenile submitted by a probation officer. Because, social investigation report identify and understand the circumstances of the child in question, which may have led to the alleged incident. (vi) MANU/UP/3837/2024(Allahabad) : X Juvenile vrs. Sate of U.P. and others (Allahabad)—Section 12 read with SIR—It is incumbent upon the J.J. Board to take into consideration the social investigation report and make an objective assessment on the reasonable grounds for rejecting the bail application of the juvenile. 13. As per the provisions of law envisaged in the J.J.(C&P) Act, 2015, the prayer for bail of the CICL cannot be considered dehors(without) social investigation report. So, in order to consider the bail application of the CICL, perusal of social investigation report is compulsory and mandatory, but nothing Page 6 of 9 appears either from an order dated 27.01.2024 passed in J.C. No.29 of 2024 by the Juvenile Justice Board, Nabarangpur or from an order dated 13.11.2024 passed in Appeal No.12 of 2024 by the learned appellate court for the refusal of bail of the CICL (those are under challenge in this revision) about the passing of such orders on perusal of any social investigation report, for which, it is held that, the reasons assigned by the Juvenile Justice Board, Nabarangpur as well as by learned appellate court in their respective orders for refusal of bail of the CICL are on the basis of the presumptions, surmises/inferences and guess works, dehors(without) social investigation report. When as per the mandate of the statute, i.e., J.J.(C&P) Act, 2015, the bail application of a CICL cannot be considered without social investigation report and when the above orders (those are under challenge) have been passed without referring any social investigation report, then at this juncture, the said orders cannot be sustainable under law, for the following reasons:- (i) (ii) (iii) passing of the impugned orders without referring any social investigation report. absence of any material to show about any imminent chance in repeating similar situation by the CICL in case of his release on bail. absence of any material to show about any possibility or chance of fleeing away from the process of justice, in case of release of the CICL on bail. Page 7 of 9 When for the reasons assigned above, it is held that, the impugned orders are not sustainable under law, then at this juncture, there is justification under law for making interference with the same through this revision filed by the petitioner. For which, there is merit in the revision of the petitioner. The same must succeed. 14. In result, the revision filed by the CICL(petitioner) is allowed on merit. The impugned orders dated 27.10.2024 and 13.11.2024, respectively passed by the Juvenile Justice Board, Nabarangpur in J.C. No.29 of 2024 as well as by the learned Additional District and Sessions Judge-cum-Special Judge(Children‟s Court), Nabarangpur in Appeal No.12 of 2024 are set aside. 15. The prayer for bail of the CICL(petitioner) in J.C. No.29 of 2024 is allowed. 16. The Juvenile Justice Board, Nabarangpur is directed to release the CICL(petitioner) on bail in J.C. No.29 of 2024 with required bail bond or bail bonds imposing lawful conditions as it deems fit and proper. 17. Accordingly, this revision filed by the petitioner(CICL) is disposed of finally. Page 8 of 9 Registry is directed to transmit the copies of this order to the appellate court in reference to Appeal No.12 of 2024 as well as Juvenile Justice Board, Nabarangpur in reference to J.C. No.29 of 2024 forthwith for information and lawful compliances of the directions made in this order. ( A.C. Behera ) Judge Orissa High Court, Cuttack The 23rd of December, 2024/ Jagabandhu, P.A. Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 24-Dec-2024 11:53:00 Page 9 of 9