Narendra Bhatra Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

Narendra Bhatra Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Conditional release on bail of the CICL revision-petitioner: the orders refusing bail (learned PMJJB, Nabarangpur in JC Case No. 45 of 2025, and the learned Addl. Dist & Sessions Judge-cum-Special Judge (Children’s Court), Nabarangpur in Criminal Appeal No. 15 of 2025) are set aside, and the CICL is to be admitted to bail by the forum/Court in seisin on terms deemed fit and proper, with the condition that his father ensure the CICL shall not contact the victim or visit her house.

Issue for consideration

Whether the revision-petitioner, a child in conflict with law (CICL) whose bail was refused by the learned PMJJB, Nabarangpur in JC Case No. 45 of 2025 and whose refusal was confirmed in Criminal Appeal No. 15 of 2025, should be released on bail under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, given that bail to a CICL is the rule and detention the exception subject to the proviso to Section 12.

Court's answer

Bail to the CICL is the rule, but detention is an exception; per the proviso appended to Section 12 of the Act, a CICL shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal, expose him to moral, physical or psychological danger, or defeat the ends of justice.

Ratio / Principle

On a careful scrutiny of the SIR of the CICL, the victim and the petitioner were in love with each other and there is no criminal antecedent reported against the petitioner; accordingly, the CICL can be released with conditional order.

Key takeaways

The CICL-cum-petitioner had been in the detention home since 04.10.2025 and the charge-sheet had already been submitted, with the inquiry in the matter still awaited.ratio¶21
Taking into account the mandate of Section 12 of the Act, the presumption of innocence of the CICL and the other circumstances on record in entirety including the SIR of the CICL, this Court considered that the interest of justice would be best served if the CICL is released on bail.ratio¶22
The criminal revision stands allowed and the impugned order dated 12.12.2025 passed by the learned Addl. Dist & Sessions Judge-cum-Special Judge (Children’s Court), Nabarangpur in Criminal Appeal No. 15 of 2025, together with the order of the learned PMJJB, Nabarangpur in JC Case No. 45 of 2025 arising out of Kodinga PS Case No. 179 of 2025 refusing bail to the CICL, are hereby set aside.

Detailed headnote1 paragraphs

Child in conflict with law (CICL) charged under Ss. 64(2)(m)/65(1)/296/351(3) BNS r/w S. 6 POCSO Act for rape and aggravated penetrative sexual assault upon the victim (Kodinga PS Case No. 179 of 2025) — bail refused by the learned PMJJB, Nabarangpur in JC Case No. 45 of 2025, and the refusal confirmed by the learned Addl. Dist & Sessions Judge-cum-Special Judge (Children’s Court), Nabarangpur in Criminal Appeal No. 15 of 2025 — criminal revision under S. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 — bail to a CICL is the rule and detention the exception; the proviso to S. 12 withholds release only where release risks association with known criminals, exposure to moral, physical or psychological danger, or defeat of the ends of justice — SIR disclosed that the victim and the CICL were in love with each other, no criminal antecedent was reported, the CICL had been in the detention home since 04.10.2025 and the charge-sheet stood submitted awaiting inquiry — revision allowed; both orders refusing bail set aside; CICL admitted to conditional bail with the further condition that his father ensure he does not contact the victim or visit her house (G. Satapathy, J.; oral judgment dated 24.07.2026).