CRLREV No.309 of 2025 p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.309 of 2025 (An application Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015). Sanu @ Amar Mishal … Petitioner -versus- State of Odisha … Opposite Party For Petitioner : Mr. H. Mohapatra, proxy counsel on behalf of Mr. S. Mahunta, Advocate For Opposite Parties : Mr. T.K. Acharya, Addl. PP CORAM: G. SATAPATHY F DATE OF HEARING & JUDGMENT:05.02.2026(ORAL) G. Satapathy, J. 1. 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 02.04.2025 passed by the Addl. Sessions Judge-cum-P.O. Children’s Court, Rayagada in B.A. No.4 of 2025 confirming the order dated 25.03.2025 passed by the learned PMJJB, Rayagada in JJC Case No. 42 of 2024 in refusing to grant bail to the revision-petitioner in connection with Gunupur P.S. Case No. 216 of 2024 for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main CRLREV No.309 of 2025 p. 2 allegation of transporting 525Kgs Contraband Ganja in a Mahindra Bolero Pick-up bearing Regd. No. OD-18K- 0243. 2. Heard, Mr. Hrudananda Mohapatra, learned proxy counsel appearing on behalf of Mr. Srikanta Mahunta, learned counsel for the petitioner- Child in Conflict with Law (CICL) and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record. 3. Admittedly, bail to the CICL is the rule, but his detention in observation home is an exception, since the proviso appended to Sec. 12 of the Act provides that such person (CICL) cannot be so released, if there appears reasonable grounds for believing that release of the CICL would likely to bring him into association with any known criminal or expose him to any moral, physical or psychological danger or his release would defeat the ends of justice. In order to assess the aforesaid conditions as provided in proviso to Sec. 12 of the Act, this Court now falls back to the Social Investigation Report (SIR) of the CICL, which was prepared by Legal-cum-Probation Officer, DCPU, CRLREV No.309 of 2025 Page 3 of 4 Rayagada and the recommendation made there in is as under:- “The antecedents of the child are found to be rational and no negative antecedent found against the CICL. However considering the age of the CICL and considering the gravity of the offence the Board may suitably counseled child and issue necessary direction/instruction for reformation. Further the CICL may be warned not to commit any such mischievous activity with the orders which can prevent the CICL to think of committing such activity in future. The PM, JJB is requested to consider his case so as to serve the best interest of the CICL.” 4. Further, no adverse report has come against the petitioner-CICL and on being asked, the learned State counsel by referring to the Case Diary submits that the petitioner-CICL has no adverse report, however, the learned PO, Children’s Court has refused bail to the CICL by taking into account the materials placed on record, but bail to the CICL can only be refused in the contingencies that has been stated in the proviso to Sec.12 of the Act. In the aforesaid situation and on perusal of the SIR, this Court hardly finds any adverse report against the petitioner-CICL to refuse bail to him. CRLREV No.309 of 2025 p. 4 5. In view of the above facts and situation and after having considered the rival submissions and keeping in view the language of the proviso appended to Sec. 12 of the Act and taking into account the detention of the CICL in observation home since 23.09.2024 with submission of charge sheet in the meantime and last but not the least, grant of bail to co- accused Bijaya Jagaranga in BLAPL No. 12706 of 2024 by a co-ordinate Bench of this Court, this Court without expressing any view on merits, considers it proper to admit the petitioner-CICL to bail. 6. Resultantly, the Criminal Revision stands allowed and accordingly, the impugned order is, hereby, set aside, so also the order passed by the learned PMJJB, Rayagada. Consequently, the CICL- cum-Petitioner be released on bail on such terms and conditions as deems fit and proper by the learned Board/ Court in seisin over the matter. (G. Satapathy) Judge Orissa High Court, Cuttack, Dated the 5th day of February, 2026/S.Sasmal Designation: Jr. Stenographer