CRLREV No.749 of 2024 p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV NO.749 of 2024 (An application U/S. 438 & 442 of BNSS, 2023 r/w Sec. 102 of the Juvenile Justice Care and Protection of Childrens’ Act, 2015). Shaan @ Dambarudhar Nayak …. Petitioner -versus- State of Odisha …. Opposite Party For Petitioner : Mr. G.K.Sundaray, Advocate on behalf of Mr.R.L.Pattnaik, For Opposite Party : Mr. M.K.Mohanty, Addl.PP CORAM: JUSTICE G. SATAPATHY F DATE OF HEARING & JUDGMENT:25.07.2025 (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 judgment dated 28.11.2024 passed by the learned Addl. District & Sessions Judge-cum-Special Judge(Children’s Court), Nabarangpur in Criminal CRLREV No.749 of 2024 p. 2 Appeal No.15 of 2024 confirming the order dated 21.10.2024 passed by the learned Principal Magistrate, Juvenile Justice Board, Nabarangpur in JC Case No. 28 of 2024 arising out of Nabarangpur PS Case No. 405 of 2024 refusing to grant bail to the revision-petitioner who is a child in conflict with law- cum-CICL for commission of offence punishable U/Ss. 103(1)/109/3(5) of BNS, on the main allegation of committing murder of one Kiran Harijan along with other children-in-conflict with law and adult accused persons in the dispute arising out of immersion of Goddess Durga. 2. Heard, Mr.Girish Kumar Sunndaray, learned counsel appearing on behalf of Mr.Rajib Lochan Pattnaik, learned counsel for the revision- petitioner and Mr. M.K.Mohanty, learned Addl. PP and perused the record including the Social Investigation Report and Social Background Report of the child in conflict with law-cum-petitioner. 3. In the Social Investigation Report, the Legal Probation Officer-cum-District Child Protection CRLREV No.749 of 2024 p. 3 Officer, Nabarangpur has inter alia observed the following:- “19. The socio economic background of the family is BPL category. The CCL having three sister and he is only son. The CCL father doing as Labour (Khalasi in Bus Stand). They were living in own house which is built in 2nos. of room with Tin roof and another new house is under construction which is allotted by Govt. pro poor Awas Yojana housing scheme. The interpersonal relationship between parent & son is cordial. The CICL is a student of 10th fail at RCD High School, Nabarangpur and planning to appear the examination in the next session. 20. Child’s opinion/reaction towards discipline in the home; Reported that the child is student of 10th fail and planning to appear again 10th exam next coming session. The CCL parents engaged the child livelihood activities for opening one Sugar Cane Juicer shop at bus stand and the child running the shop but due to the off session the shop is closed. Mixing with different peer groups is reported”. 4. On the other hand on perusal of the order passed by the learned Children’s Court in appeal, it appears that the bail application of the CICL-cum-petitioner has been considered on merits, but law is well settled that bail to child-in-conflict with law can be refused, if there are reasonable grounds CRLREV No.749 of 2024 p. 4 to believe that the release of the CICL would 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. Admittedly, bail to the CICL is the rule, but his detention is an exception. Further, the materials on record at best discloses the presence of the CICL- cum-petitioner at the spot of occurrence, but the main allegation of giving fatal blow to the deceased is directed against the adult accused person. 5. In the aforesaid facts and circumstance and after having considered the rival submissions and taking into consideration the proviso appended to Sec. 12 of the Act and keeping in view the detention of the CICL in “Observation Home” and release of other CICL Iswar Raju @ Illu & B.Ganesh Reddy @ Ganesh Reddy on bail in CRLREV Nos. 33 & 185 of 2025, this Court without expressing any view on merits considers it proper to admit the revision- petitioner to bail. CRLREV No.749 of 2024 p. 5 6. Hence, the criminal revision stands allowed on contest, but in the circumstance, there is no order as to cost. Consequently, the impugned judgment passed by the learned Appellate Court, so also the impugned order of the learned JJB, Nabarangpur in refusing bail to the CICL-cum- petitioner are hereby set aside and the revision- petitioner-cum-CICL be admitted to bail by the forum in seisin over the matter on such terms and conditions as deems fit and proper. (G. Satapathy) Judge Orissa High Court, Cuttack, Dated the 25th July, 2025/kishore