CHEMUTU @ SACHIDANANDA PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Addl. Standing Counsel. Mr. Amit Kumar Bhuyan, the I.O. of this case is present in Court along with the case diary.

(2.) Challenge has been made to the order dated 18.10.2017 passed by the learned Addl. Sessions Judge-cum-Special Judge, Children's Court, Keonjhar in J.J.C. Case No. 6 of 2017, wherein the learned Special Judge rejected the prayer for bail of the petitioner.

(3.) Learned counsel for the petitioner submits that the learned Special Judge is not correct as it has not appreciated the proper perspective in view of the clear provision of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter called "the Act") that bail should be the rule and rejection is the exception. He further submits that the petitioner is a juvenile having no knowledge of any consequence of the act alleged. Again he submits that there was love affair between the petitioner and the victim girl and no external injury was found on her person. So, he submits to quash the order of the learned Special Judge and allow this Revision by granting bail to the petitioner.