MANOJ NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid arrangement.

(2.) This CRLREV has been filed by the petitioner challenging the order dtd. 30/10/2021 passed by the learned Additional District and Sessions Judge-Cum- Special Court under POCSO Act, Angul dismissing the Criminal Appeal No.07 of 2021 and confirming the order dtd. 21/9/2021 passed by the learned A.S.J.-Cum- Principal Magistrate, Juvenile Justice Board, Angul (hereinafter referred to as "the PMJJB, Angul" for brevity) in J.D. Case No.38 of 2020 rejecting the prayer of the petitioner to release him on bail.

(3.) It appears that the petitioner in this case was a juvenile in conflict with law and said to have been indicted along with another and apprehended on 25/12/2020 in a case under Ss. 376 DA/313/ 34 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" for brevity). The petitioner being indicted in the aforesaid case had made a prayer before the learned PMJJB, Angul under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act' for brevity) for release on bail. Learned PMJJB, Angul vide the aforesaid impugned order refused to release the petitioner on bail observing that the release of the juvenile on bail would expose him to physical, moral and psychological danger which would defeat the ends of justice. Challenging the same, the petitioner filed the aforesaid criminal appeal, but the learned District and Sessions Judge-Cum- Special Court under POCSO Act, Angul held that the petitioner was involved in grievous and serious offence and his release would send a bad message to the society. It would also encourage the likeminded persons to commit similar type of offences, hence, for larger interest of the society and the victim, learned Special Court confirmed the order passed by the learned PMJJB, Angul.