Allowed

Sumit Barabiha@Barbhiya v. State of Orissa

Orissa HC24 Jul 2018BLAPL/1860/2018

Case brief

AI extract

What is this about?

In an application under Section 439 CrPC for bail of a juvenile aged 10 years in a POCSO case, the Court held that under the Juvenile Justice Act, 2015, bail should be granted unless there are reasonable grounds to believe release would cause danger to the child or defeat justice, ruling for the petitioner.

What did the court decide?

Petitioner released on bail on a bond of Rs. 20,000 with two sureties and placed under supervision of Protection Officer.

Sumit Barabiha@Barbhiya Vs State of Orissa — Child Sexual Offences (POCSO) | Orissa HC (2018)

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BLAPL No. 1860 of 2018

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24.07.2018 Heard learned counsel for the petitioner and the learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Juv. Case No.11 of 2018 arising out of Jharsuguda P.S. Case No.93 of 2018 pending in the Court of learned Principal Magistrate, Juvenile Justice Board, Jharsuguda for alleged commission of offences punishable under sections 376(2)(i)/376-D/506 of the Indian Penal Code and section 6 of the POCSO Act.

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The petitioner moved an application for bail before the Court of Addl. Sessions Judge, Jharsuguda which was rejected on 09.03.2018.

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Learned counsel for the petitioner submitted that the petitioner is a juvenile and he is aged about 10 years and after his apprehension, he was forwarded before the Principal Magistrate, Juvenile Justice Board, Jharsuguda on 08.02.2018 and since then he is detained in the Observation Home. It is further contended that in the meantime, charge sheet has already been submitted and keeping in view the provision under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and taking into account the period of detention of the petitioner, the bail application may be favourably considered.

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It is pertinent to note that Juvenile Justice Act, 1986 has undergone a sea change in the Juvenile Justice (Care and Protection of Children) Act, 2000 and further by insertion in Juvenile Justice (Care and Protection of

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Children) Amendment Act, 2006 (33 of 2006) which came into force on 22.08.2006 and then numerous changes were brought in the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter ‘2015’ Act) which came into force on 15.01.2016.

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The rights of the juvenile has been placed on a high pedestal by the legislature and the procedure prescribed under the 2015 Act governs all the cases concerning children in conflict with law irrespective of the offences they are alleged to have committed as well as all children in need of care and protection. Every aspect of the matter including apprehension, detention, prosecution, penalty or imprisonment, rehabilitation etc. of a person who has not completed eighteen years of age has to be dealt with in accordance with provisions of the 2015 Act. Section 12 of the 2015 Act makes it clear that bail could only be refused when the Court comes to the conclusion that there appears reasonable grounds for believing that the release of juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

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Learned counsel for the State has produced the case diary and placed the statement of the victim. He further placed the report of the Inspector in charge, Jharsuguda police station dated 13.05.2018 which shows that at the time of occurrence the petitioner was aged about 10 years 8 months and 9 days.

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Considering the submissions made by the learned counsels for the respective parties, the age of the petitioner, the period of detention in the Observation Home and absence of any material to show that the release of petitioner is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger, in the interest of justice, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on any of his close family member furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Juvenile Justice Board in seisin over the matter with further terms and conditions as the learned Board may deem just and proper. The petitioner be placed under the supervision of the Protection Officer who will visit him and give timely report regarding the conduct of the petitioner to the Board till the conclusion of inquiry.

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The close family member while taking the petitioner on bail shall file an affidavit before the Board to the effect that:-

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(i) he shall be responsible for the well being of the petitioner;

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(ii) he shall ensure that the petitioner continues his studies and does not fall into bad company.

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Accordingly, the BLAPL is disposed of.

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

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………………….. S. K. Sahoo, J.

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Sumit Barabiha@Barbhiya v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sumit Barabiha@Barbhiya v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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