Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.859 of 2025
Afroz Alam … Petitioner Mr. C. Behera, Advocate -versus- State of Orissa and another … Opposite Parties Mr. C. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
07.03.2026
03.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. 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 13.10.2025 passed by the learned Additional Sessions Judge-cum-Children’s Court, Nayagarh in Criminal Appeal No.23/33 of 2025 rejecting the prayer for bail of the petitioner-cum-CICL in connection with Juvenile Case No.45 of 2025 arising out of Ranpur PS Case No.270 of 2025 of the learned PMJJB, Nayagarh for commission of offence punishable U/S.351(2) of BNS r/w Section 6 of POCSO Act, on the main allegation of committing aggravated penetrative sexual assault upon the deceased child.
3. Heard, Mr. Chhabi Behera, learned counsel for the revision-petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant despite being duly noticed as informed by the learned Additional Public Prosecutor. p. 2
3.1.
In the course of hearing, Mr. Chhabi Behera,
learned counsel for the revision-petitioner, however, submits that the revision-petitioner is in detention home since 06.09.2025 and in the meantime, charge-sheet has already been submitted, but at best a case of threatening is made out against the revision-petitioner and the allegation of committing aggravated penetrative sexual assault and murder of the deceased child is directed against other CICLs and, thereby, the present revision- petitioner may kindly be granted bail. 3.2. On the other hand, Mr. C. Mohanty, learned Additional Public Prosecutor by placing the Social Investigation Report (SIR) submits that the present revision-petitioner being influenced by other friends, who are CICLs had allegedly committed the offence and, thereby, he is already in bad association and, thereby, the bail to the revision-petitioner may kindly be rejected. 4. After having considered the rival submissions upon perusal of record, there appears no dispute about grant of bail to a CICL, unless there appears reasonable grounds for believing that the release of CICL is likely to 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. In this case, the Social Investigation Report of the CICL reveals that he was in fear that his bad conduct will be revealed before others and he will be humiliated before his parents and others. Besides, it also reveals that it is a case of parental neglect. The materials on record discloses about the p. 3 allegation against the revision-petitioner and others for committing anal sexual intercourse with the deceased and other CICL committing murder of the said deceased as the deceased child had threatened to disclose the incident to his parents. In the aforesaid circumstance, it appears to the Court that the revision-petitioner is already allegedly in bad association, which is a factor to be considered as per the proviso to Section 12 of the Act for refusing the bail. 5.
In the aforesaid facts and situation and taking into account the result of the enquiry in the SIR and keeping in view the allegation leveled against the CICL-petitioner and he being allegedly found in association with other CICLs, who along with present CICL allegedly committing anal intercourse with the deceased child, but the other CICLs committing murder of the deceased- child and their alleged association with one another, this Court considers that the revision-petitioner comes within the purview of the proviso appended to Sec.12 of the Act, so as to refuse bail to him at this stage. 6. In the result, the CRLREV stands dismissed. A copy of this order be immediately transmitted to the learned Court/forum in seisin over the matter for reference. (G. Satapathy)
Judge Subhasmita
Designation: Jr. Stenographer