The Orissa High Court has reiterated that bail for a Child in Conflict with Law (CICL) is the rule, and detention is the exception, emphasizing that denial of bail must be grounded in specific reasons under the proviso to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Background & Facts
The Dispute
The revision petitioner, Bablu Dehury @ Ula, a CICL, was denied bail by the Principal Magistrate, Juvenile Justice Board (PMJJB), Baripada, in JC Case No. 17 of 2026, arising from Badsahi PS Case No. 225 of 2025. The allegation was that the CICL, along with co-accused persons, assaulted Karu Marandi, resulting in his death after a few days of treatment. The offence was registered under Sections 103(1)/3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
Key Facts
- The CICL is a +2 student with no prior criminal background.
- The CICL expressed a desire to continue his studies.
- The CICL and his family were under mental stress due to the allegations.
- The Juvenile Justice Board (JJB) and the PO Children’s Court observed that releasing the CICL might endanger his personal life and safety and defeat the ends of justice, but no specific circumstances were disclosed or discussed to substantiate these concerns.
Procedural History
- 11.03.2026: Learned 1st Additional Sessions Judge-cum-PO, Children’s Court, Baripada, passed an order in Juvenile Criminal Appeal No. 05 of 2026, confirming the PMJJB’s order refusing bail.
- 27.07.2026: Orissa High Court heard the criminal revision under Section 102 of the JJ Act, 2015, read with Sections 438/442 of the BNSS, 2023.
Relief Sought
The petitioner sought bail for the CICL, arguing that the denial was not in compliance with the provisions of Section 12 of the JJ Act, 2015.
The Legal Issue
The central question was whether the denial of bail to the CICL was justified under the proviso to Section 12 of the JJ Act, 2015, which permits detention only if there are reasonable grounds to believe that release would bring the CICL into association with known criminals, expose him to moral/physical/psychological danger, or defeat the ends of justice.
Arguments Presented
For the Petitioner
The learned counsel, Mr. Suryakanta Dwibedi, argued that the impugned order lacked specific grounds to deny bail under Section 12 of the JJ Act, 2015. He contended that the CICL had no criminal background and was a student, and that the omnibus allegations were insufficient to justify detention.
For the Respondent
The learned Additional Public Prosecutor, Mr. P. Satpathy, supported the lower court’s order, relying on the JJB’s observation that releasing the CICL could endanger his safety and defeat justice. However, no concrete evidence or reasoning was provided to substantiate these claims.
The Court's Analysis
The Court emphasized that bail for a CICL is the rule, and detention is the exception. It noted that the proviso to Section 12 of the JJ Act, 2015 requires specific, reasonable grounds to deny bail. The Court observed:
"Merely mentioning or quoting some words of a provision is not sufficient to deny bail to a CICL which is to be considered in the light of the factors prevailing around him, but there is hardly any such factors prevailing to refuse bail to the CICL."
The Court found that the lower courts had relied on the gravity of the offence and vague observations without discussing the specific circumstances that would justify denying bail. It held that such an approach was inconsistent with the statutory mandate under Section 12 of the JJ Act, 2015.
The Verdict
The criminal revision was allowed. The Orissa High Court set aside the impugned order dated 11.03.2026 passed by the 1st Additional Sessions Judge-cum-PO, Children’s Court, Baripada, as well as the order passed by the PMJJB, Baripada, in JC Case No. 17 of 2026. The CICL was directed to be admitted to bail by the forum/Court in seisin over the matter on such terms and conditions as deemed fit and proper.
What This Means For Similar Cases
Bail Is the Rule for CICLs
The judgment reinforces that bail for a CICL is the default position under the JJ Act, 2015. Denial of bail must be based on concrete, specific grounds as outlined in the proviso to Section 12.
- Practitioners must ensure that bail applications for CICLs explicitly address the absence of reasonable grounds for detention.
- Courts must provide detailed reasoning when denying bail, citing specific risks to the CICL or the ends of justice.
Gravity of Offence Alone Is Insufficient
The Court clarified that the gravity of the offence cannot be the sole ground for denying bail to a juvenile. This aligns with the protective intent of the JJ Act, 2015.
- Advocates should argue against reliance on the severity of the alleged offence as a standalone reason for detention.
- Courts must look beyond the nature of the offence and assess the individual circumstances of the CICL.
