The court granted anticipatory bail to a juvenile petitioner involved in C.T. Case No. 156/2015, holding that release would not cause moral or psychological danger based on the Legal-cum-Probation Officer's report.
Anticipatory bail application is allowed; petitioner to be released on bail by the arresting officer if arrested.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No.10839 of 2015
22.09.2015 Heard learned counsel for the petitioner and learned Addl. Government
Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 450, 452 and 302/34 of the IPC in C.T. Case No.156/2015 of the court of learned
SDJM, Nilgiri, arising out of Nilgiri P.S. Case No.197/2015.
The petitioner has not been named in the FIR. The petitioner is also Juvenile
in conflict with law. He is a student of +2 in Kalinga Institute of Social Sciences, Bhubanes
war. Perused the reports submitted by the Legal-cum-Probation Officer, District Child Protecti
on Unit (DCPU), Bolangir. It is apparent from the records that except this case, no other case
is pending against the present petitioner. The petitioner is a sociable and has a positive at
titude. It is further reported that the petitioner has very good antecedence. None of the eye-
witnesses has attributed any specific overt act against him.
Keeping in view the Legal-cum-Probation Officers report, the Court is of the o
pinion that there is no chance of the petitioner on being subjected moral, psychological or ph
ysical danger or his coming contact with known criminal or his indulging similar offences, if
he is released on bail.
Keeping in view the aforesaid consideration, i.e. the requirements of Section
12 of the Juvenile Justice (Care and Protection of Children) Act, anticipatory bail applicatio
n is allowed. In the event of his arrest in the aforesaid case, the petitioner shall be relea
sed on bail by the arresting officer on such terms and conditions as deemed just and proper by
him.
. The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage
d only on the basis of attaining the age of 60 till the next date.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
3
1 issue framed by the court
Whether anticipatory bail should be granted to a juvenile apprehending arrest for offences under Sections 450, 452, and 302/34 of the IPC?
Petitioner
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court