Cuttack: The Orissa High Court granted bail to two juveniles accused of aggravated sexual assault on a 9-year-old boy, overturning the rejection orders of Juvenile Justice Board (JJB) and the children’s court in Mayurbhanj.
Justice Gourishankar Satapathy, ruling on a criminal revision petition under Section 102 of the Juvenile Justice Act, 2015, emphasised that releasing a child in conflict with law is the norm under Section 12, with detention being an exception requiring specific grounds.
The juveniles faced charges under Sections 296, 351(2), and 3(5) of the BNS and Section 6 of the POCSO Act.
Despite prior bail denials and remand to an observation home, the court considered the social investigation report, which noted the juveniles were first-time offenders, unaware of the consequences, remorseful, and mentally disturbed, coming from sociable, lower-middle-class families.
Justice Satapathy found no evidence that their release would expose them to criminal influence or hinder justice, stating that bail was in the interest of justice given their ages (14 and 15). The bail was granted on conditions, including that their father-guardians ensure they do not commit a similar offence or contact the victim or visit his house.
The order, dated October 16, directed the trial court to comply and has been sent to the district and sessions judge, Mayurbhanj.