Appeal against bail rejection in juvenile case involving rape offences. High Court of Orissa relied on juvenile protection principles to allow bail with conditions including family surety and probation officer supervision.
Appellant released on bail on conditions of family surety, no contact with unsocial associates, and District Probation Officer vigilance.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.37 of 2023
Santanu Khadia
…. Appellant
Mr. S. Bahadur, Advocate
-versus-
Order No.
State of Odisha
…. Respondent
Mr. S.S. Mohapatra Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO ORDER 11.07.2023 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 is an appeal under section 101(5) of Juvenile Justice (Care and Protection of Children) Act, 2015 in connection with Lephripada P.S. Case No.59 of 2022 corresponding to Special G.R. Case No.580/127 of 2022 pending in the Court of learned Addl. Sessions Judge -cumChildren’s Court, Sundargarh for offences punishable under sections 376(2)(l)/323 of the Indian Penal Code.
The appellant moved an application for bail
// 2 //
before the Court of learned Addl. Sessions Judge - cumChildren’s Court, Sundargarh, which was rejected on 19.12.2022.
Learned counsel for the appellant submitted that the appellant is detained in Observation Home, Rourkela since 04.04.2022 and in the meantime, he has been charge sheeted under sections 376(2)(l)/ 323 of the Indian Penal Code. Learned counsel further submitted that in view of the age of the appellant and since there is no criminal antecedent against him and in view the salutary provision under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the bail application of the appellant may be favourably considered.
Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the statement of the victim as well as one eye witness to the occurrence, namely, Ranju Khadia and also placed the social investigation report from which it appears that there is no criminal antecedent against the appellant.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant, the age of the appellant and absence of any material that in case of release on bail, the appellant is likely to come in association of any known criminal or he will be
Page 2 of 4
// 3 //
exposed to moral, physical or psychological danger that his release would defeat the end of justice and keeping in view the ratio laid down in the case of Re: Exploitation of Children in Orphanages in the State of Tamil Nadu -Vrs.- Union of India and others reported in (2020) 14 Supreme Court Cases 327, I am inclined to release the appellant on bail.
Let the appellant be released on bail in the aforesaid case on such terms and conditions as the learned Court in seisin over the matter may deem just and proper with further conditions that:-
(i) one surety should be any one of the family members of the appellant, who shall furnish an undertaking that the appellant shall not be allowed to come in contact with any unsocial and criminal association and shall not be exposed to any moral, physical or psychological danger and further he shall ensure that the appellant is not indulged in any criminal activities and he shall further ensure the presence of the appellant during trial before the Court as and when required;
(ii) the District Probation Officer shall keep a close vigilance on the activities of the appellant while on bail and regularly draw his social investigation report which shall be submitted to the Court on periodical basis as the Court chooses.
Page 3 of 4
// 4 //
The CRLA is accordingly disposed of. Issue urgent certified copy of this order on proper application.
( S.K. Sahoo)
sipun
Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 13-Jul-2023 11:00:53
Signature Not Verified
Page 4 of 4
Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer
1 issue framed by the court
Whether the appellant, a juvenile detained in Observation Home, should be granted bail under section 101(5) of the Juvenile Justice Care and Protection of Children Act, 2015.
Colour shows how this judgement treated each authority
Re: Exploitation of Children in Orphanages in the State of Tamil Nadu - Vrs.- Union of India and othersRelied on¶21
Re: Exploitation of Children in Orphanages in the State of Tamil Nadu -Vrs.- Union of India and others (2020) 14 Supreme Court Cases 327
1 provisions across 1 enactments
Santanu Khadia
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
