Alok Tarai v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.485 of 2021 Alok Tarao ....
Petitioner Mr.R.N.Rout, Advocate -versusState of Odisha ....
Opp.Party Mr.K.K.Nayak, A.S.C..
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
25.03.2022 3.
1.
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2.
Heard learned counsel for the Petitioner as well as learned counsel appearing for the State.
3.
It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 21.07.2021 and the investigation is over in the meantime and the Police has already submitted charge sheet. He further submits that the stolen articles have already been recovered. From the impugned order, it appears that the CCL has an elder brother who works as a daily labour. He discontinued his studies in Class VII due to lack of interest and to support his family, He worked in a shop. He is a first time offender. The financial condition of his family is not good.
4.
Learned counsel appearing for the State opposes for release of the Petitioner CCL on bail on the ground that in the event the Petitioner CCL will be released, he may be exposed to harden
// 2 // criminal and again he may get involved in the crime of present nature.
5.
Having heard learned counsel appearing for both sides and considering the fact that the Petitioner CCL is a juvenile and a first time offender and keeping in view the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the period of custodial detention which the CCL has already undergone, this Court is inclined to release the Petitioner-CCL on bail. Let the Petitioner-CCL be released on bail subject to furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) to be furnished by one of the parents of the CCL with one solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter.
Further, it is open for the learned Court in seisin over the matter to fix any suitable terms and conditions to ensure that the Petitioner CCL does not come in contact with any hardened criminal and get exposed to any criminal elements. If necessary the Court in seisin over the matter shall engage an NGO to supervise or take care of the CCL and apart from the above direction the Probation Officer shall submit periodical report with regard to the Petitioner-CCL before the learned court below and the CCL may also be provided periodic counseling.
6.
With the aforesaid observation, the impugned order is set aside.
7.
CRLREV is accordingly disposed of.
8.
Issue urgent certified copy as per Rules.
RKS ( A.K. Mohapatra) Judge
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