BABU@SUSHANTA DASH vs STATE OF ODISHA

Court
Odisha High Court

THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 524 of 2026
CNR No. ODHC010449192026

(In the matter of application under Section 101(5) of Juvenile
Justice (Care and Protection of Children), 2015).



Babu @ Sushanta Dash … Appellant
-versus-
State of Odisha Respondents
…


For Petitioner : Mr. K. Mohanty, Advocate

For Opposite Party : Mr. T.K. Acharya, Addl. PP
Mr. A.R. Panda, Advocate
(informant)


CORAM: JUSTICE G. SATAPATHY




DATE OF HEARING & DATE OF JUDGMENT: 09.09.2026 (ORAL)

G. Satapathy, J.

1. This Criminal Appeal U/S.101(5) of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (in
short “the Act”) is directed against the impugned order
dated 10.06.2026 passed by the learned P.O. Children’s
Court, Balasore in Special (CICL) Case No.95 of 2026
arising out of Balasore Town P.S. Case No. 95 of 2026
refusing to grant bail to the appellant-cum-CICL being
represented by his father in this Appeal for commission
of offences punishable U/Ss. 126(2)/ 118(2)/ 109(1)/
CRLA No. 524 of 2026
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3(5) of the BNS, which subsequently turned to offences
U/S. 103(1)/3(5) of BNS, on the main allegation of
committing murder of Suraj Singh @ Babu, along with
Co-CICL and adult accused person in furtherance of their
common intention.
2. Heard, Mr. Kuldeep Mohanty, learned counsel
for the appellant-CICL, Mr. T.K. Acharya, learned Addl.
PP in the matter and Mr. Amulya Ratna Panda, learned
counsel for the informant and perused the record.
3. After having considered the rival submission
upon perusal of record, there appears no dispute about
the provision of law that bail can only be refused to the
CICL, if there exists reasonable grounds for believing
that the release of the CICL is likely to bring him into
association with any known criminal or expose him to
moral, physical or psychological danger or his release
would defeat the ends of justice. No doubt, the learned
counsel for the informant and the learned State Counsel
have vociferously argued by placing reliance on the SIR
to suggest that the appellant-CICL is already in bad
association and thereby, he is not entitled to bail in
CRLA No. 524 of 2026
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terms of the proviso to Sec.12 of the Act, but facts
remains that the deceased was allegedly done to death
by the conjoint assault of Group of CICLs & adult
accused person and the fatal blow is allegedly given to
the deceased by the adult accused Chhotu @ Khitish
Kumar Das, who was allegedly called to the scene of
occurrence by another CICL (name withheld), but there
is no role of the present CICL to call the adult accused
person to the spot.
4. Besides, the SIR of present CICL reveals the
cause of the incident to be peer group influence on the
present CICL, but even if, the SIR discloses the
suggestive cause of the issue to be on account of bad
association of the CICL, but what was the bad
association has not been clarified in the SIR of the CICL,
rather it is found from the analysis of the case in the SIR
of the CICL that on the day of Holi, the CICL and his
friends were going on a bike speedily and the deceased
told them as to why they were going on high speed and
thereby, there was a quarrel between the group of CICLs
& the deceased, and thereafter, the adult accused being
CRLA No. 524 of 2026
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called by another CICL reached at the spot and thereby,
the alleged occurrence took place. The SIR of the CICL,
however, reveals that the father of the CICL is a tea
seller and mother is a house wife and the behavior of
the CICL towards the staff of place of safety/ detention
home at Rourkela appears to be good and he is obedient
and there is not report of any criminal offence against
the CICL and the character of the CICL appears to be
good. Lastly, it is suggested in the SIR that the proper
counselling to the CICL by his parents and professional
counselor may improve his condition.
5. The CICL in this case is in detention home/
place of safety since 06.03.2026 and in the meantime,
trial has not commenced and the certified copy of the
preliminary assessment report as produced for the CICL
reveals recommendation that if the CICL wants to
continue his study, he should be encouraged to go for
schooling or vocational training and the child knowledge
as to the consequence of the alleged incident has been
described in the assessment report to the effect that the
CICL although understands the consequence of the
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crime, but as per CICL, he was just with his friends and
not involved in the crime. It is further stated therein that
the CICL understands that the crime causes loss of
social respect in society and would hurt his family’s
reputation and he knows the specific legal punishment
and how the Court system works and the CICL was very
cooperative and showed no signs of aggression and he
displayed deep emotional distress while discussing his
life as per the clinical psychologist, who prepared the
preliminary assessment report.
5. In the aforesaid premises and on consideration
of materials placed on record together with the
suggestive causes of the crime and the role as alleged
against the CICL, this Court hardly finds any reason to
deprive the CICL from securing his liberty. Accordingly,
the CICL deserves to be admitted to bail in conformity
with Sec.12 of the Act.
6. In the result, the Criminal Appeal stands
allowed and accordingly, the impugned order is, hereby,
set aside. Ergo, the appellant-CICL be released on bail
on such terms and conditions except cash surety as
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deems fit and proper by the learned Board/ Court in
seisin over the matter with following condition:-
(i) the father of the CICL shall ensure that the
CICL shall not mingle with any known criminal.

7. Accordingly, the Criminal Appeal stands
disposed of. A soft copy of this order be immediately
communicated to the concerned Court, who shall
afterwards communicate the same to the concerned Jail
through e-mail for reference.

(G. Satapathy)
Judge











Orissa High Court, Cuttack,
th
Dated the 9 day of September, 2026/S.Sasmal
Signature Not Verified
CRLA No. 524 of 2026
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Digitally Signed
Signed by: SUBHASMITA SASMAL
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 09-Sep-2026 19:44:58