Allowed

Asish Digal v. State of Odisha

Orissa HC4 Aug 2020CRLA/264/2020

Case brief

AI extract

What is this about?

The High Court granted bail to a juvenile accused of an NDPS offence. The court held that since the juvenile had been in the observation home under supervision for a long period and there was no evidence of dangerous conduct or likelihood of association with criminals, rejecting the bail prayer was unjustified.

What did the court decide?

Direction to release the appellant-CICL on bail upon undertaking by the father-guardian to ensure disciplined life and no association with criminals.

Asish Digal Vs State of Odisha — Child Custody and Guardianship | Orissa HC (2020)

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CRLA NO. 264 OF 2020

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08. 04.08.2020

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The matter is taken up thorough video conferencing mode.

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This revision has been filed assailing an order dated 20.04.2020 passed by the learned 2^nd Addl. Sessions Judge, Berhampur in J.R. Case No. 64 of 2019.

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By the said order, the prayer of the appellant-Child In Conflict with Law (CICL) who is in the observation home in connection J.R. Case No. 64 of 2019 for alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act for his release on bail has been rejected.

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Learned counsel for the appellant submits that the prosecution allegation is that the appellant-CICL with another accused who is facing the trial for the same offence in the regular court were in possession of 21.868 kgs. of contraband ganja. He further submits that said accused has in the meantime been released on bail by the order passed by this Court in BLAPL No. 8296 of 2019 and this appellant-CICL is in the observation home since 18.08.2019. He further submits that taking a cumulative view of the circumstances leading to the alleged seizure of contraband ganja; in presence of the other accused, the knowledge of this appellant-CICL as to its keeping is not readily inferable. It is his submission that there surfaces no such material to suggest that in case of release of the appellant-CICL on bail, there remains likelihood that he would come in association with the criminals or would be exposed to moral, physical or psychological danger. It is also submitted that no such adverse report is forthcoming

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on the conduct of the appellant-CICL in the observation home and his parents are now ready and willing to give all attention and take care to see that he refrains from indulging in any criminal activity and come to stand as a responsible citizen, in joining the main stream of the society. It is his submission that although the learned court below has rejected the petition pressing into service, the proviso to subsection-1 of section 12 of the Juvenile Justice (Care and Protection of Children) Act, yet, no such material or circumstance in support of the same has been noted. In view of all the above, when refusal of bail to CICL is an exception; he urges for grant of bail to the appellant-CICL.

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Learned counsel for the State does not dispute the position that the co-accused who is facing trial for the same offence in the regular court is now on bail. It is submitted that when the appellant-CICL was the companion of that accused, at this stage the submission of the learned counsel for the appellant that he had no knowledge about the keeping of the contraband. It is his submission that stay of the appellant-CICL in the observation home would rather be in his best interest and welfare.

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Keeping in view the submissions made, the impugned order being perused; it is seen that no such reference to the material on record has been made in saying that the appellant-CICL in case of his release on bail is likely to be exposed him to moral, physical or

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psychological danger or would come in association with the criminals. The bail application of the appellant-CICL having earlier been rejected on 21.03.2020 by pressing into service, the proviso sub-section 1 of section 12 of the Juvenile Justice (Care and Protection of Children) Act, without taking note of the subsequent conduct of the appellant-CICL in the observation home and other surrounding circumstances as have emanated in the meantime, the learned court below has gone to reject the petition.

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For the aforesaid, in the absence of any such material disclosing the factual aspects concerning the appellant-CICL as also the surrounding circumstances, this Court is of the considered view that at this stage, when the appellant-CICL has already stayed in the observation home for quite a long period under the supervision and counseling, there stands no such justification for pressing the provision contained in subsection 1 of section 12 of the Juvenile Justice (Care and Protection of Children) Act into service in refusing the prayer for grant of bail to appellant-CICL.

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Accordingly, it is directed that the appellant-CICL be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with the undertaking by the fatherguardian of the appellant-CICL that he would be producing the appellant-CICL before the court in seisin of the case on each and every date of posting of the case till

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conclusion of the trial and that he shall keep him under his care, custody and supervision to see that the appellant-CICL leads a disciplined life in taking all such care, protection and precautionary measure so that the appellant-CICL does not get the opportunity to come in association with any person having criminal track record. The CRLA is accordingly disposed of.

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……………………..

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D. Dash, J.

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Narayan

Asish Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Asish Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

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