Sugriba Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 611 of 2022 Sugriba Behera ....

Appellant Mr.B.R. Tripathy, Advocate -versusState of Odisha ....

Respondent Mr.Manoranjan Mishra, Add. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.09.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the appellant and learned counsel for the State.

This appeal has been filed by the appellant under section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter 'J.J. Act') challenging the order dated 31.05.2022 passed by the learned Additional Sessions Judge -cumPresiding Officer, Children's Court, Boudh, in connection with Harbhanga P.S. Case No.26 of 2021 corresponding to Special Case No.01 of 2022 (PCR) in rejecting his bail application.

// 2 // Learned counsel for the appellant submitted that the appellant is the child in conflict with law (hereafter 'CICL') and he is detained in observation home since 15.03.202. He further submitted that the appellant is aged about seventeen years and he has been charge sheeted under section 376 of the Indian Penal Code read with sections 4 of POCSO Act. Learned counsel for the State has placed the 164 Cr.P.C. statement of the victim girl from which it appears that her age was sixteen years. He also placed the social investigation report from which it appears that the appellant is having no criminal antecedent. However, it is mentioned that the impact of teenage love between the CICL and victim girl is the suggestive causes of the problem for the child to become conflict with law.

It is further mentioned that both the child in conflict with law and the victim girl are having love affair with each other and it is assumed that there is a contributory negligence on the part of both children and both are equally responsible for the case and the Probation Officer has recommended that the appellant committed the act under the premature thinking being unaware about the consequence and under influences of adolescence and due to the present case, he did not appear +2 examination and he needs family care and guidance.

// 3 // learned counsel for the respective parties, the period of detention of the petitioner in observation home, the age of the appellant, the findings in the social investigation report and absence of any clinching material on record to show that the release of the appellant is likely to bring him in association with any known criminal or that he would be exposed to moral, physical or psychological danger or that his release would defeat the ends of justice, I am inclined to release of the appellant on bail.

(iii) the District Probation Officer shall keep a close vigilance on the activities of the appellant while

// 4 // on bail and regularly draw his social investigation report which shall be submitted to the concerned Court on periodical basis as the Court directs. Accordingly, the CRLA is allowed.

Urgent certified copy of this order be granted on proper application.

(S.K. Sahoo) Judge P