IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.919 of 2025 Hara Prasad @ Kanha Majhi … Appellant Mr. S.K.Joshi, Advocate -versus- State of Odisha … Respondent Mr. P.Satapathy, Addl.PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 17.02.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This appeal under Section 101 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (in short, “the Act”) by the appellant-petitioner is directed against the impugned order dated 24.07.2025 passed by the learned Addl. Sessions Judge-cum-special Judge, Nuapada in ST Case No. 7/05 of 2025 arising out of Khariar PS Case No. 89 of 2025 refusing to grant bail to Child-in-Conflict with law (CICL) who is represented by his mother guardian in this criminal appeal for commission of offence punishable U/Ss. 103(1)/61(2) of BNS, on the main allegation of entering into conspiracy with adult co-accused persons to commit murder of the deceased Kalia Majhi. 3. Heard, Mr. Sushanta Kumar Joshi, learned counsel for the appellant-petitioner and Mr. P.Satapathy, learned Addl. PP in the matter and perused the record together with Social Investigation Report of the CICL as produced. 4. Admittedly, bail to the juvenile can only be refused if there exists reasonable grounds for believing that the release of the child-in-conflict with law (CICL) would bring him into association with any known criminal or expose him to moral and psychological danger or his release would defeats the ends of justice, but in this case there is of course allegation against the appellant for entering into conspiracy, however, undeniably he is a child in terms of Sec. 2(12) of the Act. Besides, there is no direct allegation against the appellant for committing murder of the deceased, rather the main allegation of assaulting the deceased by sharp cutting weapon is directed against co-accused Bhagaban Majhi & Subash Majhi and in the meantime, co-accused Ratne Majhi & Giridhari Majhi have already been granted bail by this Court in BLAPL No. 7877 of 2025. Further, appellant is in detention home since 21.03.2025, but trial is yet to commence as submitted. Detention of child is definitely an adverse circumstance against him, but how long a CICL can be kept in detention home on the expectation of trial would commence on one day, which in this circumstance is not in the interest of justice. 5. Further, nothing adverse has been reported against the appellant in his SIR in which it is stated that the appellant is a single parent child and his father died on 04.07.2024 due to health problem and he is continuing education in +2 Second year Arts and now his education is disrupted and his family is getting ration under Food Security Scheme and he needs counseling. In view of the above facts, more particularly no adverse report is against the CICL in the SIR and taking into account the role as alleged against him and the primary reason for which the crime is alleged to have been committed and taking into account the detention of the appellant in observation home without trial being commenced in the meantime and keeping in view the other circumstance on record in entirety including no reasonable ground being found to refuse bail to the CICL, this Court without expressing any opinion on merit, considers it proper to admit the appellant to bail in the interest of justice. 6. Hence, the Criminal Appeal stands allowed and the impugned order is hereby set aside. Consequently, the appellant be released on bail on such terms and conditions as deems fit and proper by the learned Court in seisin of the case with following conditions:- (i) the mother-guardian shall ensure the continuation of the education of the appellant. 7. Accordingly, the CRLA stands disposed of. (G. Satapathy) Judge kishore