Orissa High Court
Bapi Digal vs State Of Orissa … Opposite Party on 27 February, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRL. REV. No.1125 of 2025
Bapi Digal ... Petitioner
Mr. R. Pradhan, Advocate
-versus-
State of Orissa ... Opposite Party
. Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
Order No. 27.02.2026
03. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. Assailing the order dated 19.11.2025 passed
by the learned Additional Sessions Judge-cum-P.O.,
Children’s Court, Baripada in Juvenile Crl. Appeal No.
15 of 2025, thereby confirming the order dated
14.10.2025 passed by the learned P.M.J.J.B,
Mayurbhanj, Baripada in J.C Case No.75 of 2025
(Arising out of Jashipur PS Case No. 147 dated
11.05.2025 under Section 20(b)(ii) C of the N.D.P.S
Act), rejecting the prayer for bail, the present CRLREV
has been preferred.
3. Learned counsel for the Petitioner submits that
ex facie the order passed indicates gross non-
application of mind while rejecting the prayer for bail
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of the Petitioner and both the Courts have failed to
appreciate the special characteristics of Juvenile
Justice (Care and Protection of Children) Act, 2015,
and the admitted fact that the Petitioner is a JCC,
such exercise of jurisdiction being perverse, the same
merits interference by this Court in exercise of its
revisional jurisdiction.
4. Learned counsel for the State on the other
hand submits that the Petitioner along with the co-
accused are found to be in possession of contraband
to the tune of 79 Kg. 600 grams. In view of the bar
contained under Section 37(1)(b)(ii) of NDPS Act, it is
stated that there is no irregularity in the rejection of
the prayer for bail and accordingly the Criminal
Revision does not merit consideration.
5. Taking into account that the Petitioner is JCC,
a Social Investigation report was called for and the
same has been submitted and the salient features of
the said report is stated as under:
“xxx xxx xxx
33. Attitude of the child towards friends:
Cordial and friendly
35. The CCL as well as the family have
good relationship with the neighbours.
36. There is no negative influence of
neighbours on the child.
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39. There is no materials to indicate
that the child is a part of any gangs or
adults or group of adults or has been used
for drug peddling.
49. The child is a simple nature and also a
good boy in the family as perused. He has
never been involved in such activities. As a
student he always focuses on his studies. It
is unfortunate for him; he has been
charged such an offence.”
Result of Inquiry
Recommendation regarding rehabilitation by
Probation Officer/Child Welfare Officer:
The alleged child is a 1st time offender, and
now in the Place of Safety Home, Rourkela,
Sundargarh. He has set his sights on
becoming a good person and also dreams
become a government employee in his life.
He may be involved in the alleged offence
due to his misfortunate. The alleged child
never been Involved any kind of anti-social
activities before, which has reported during
social Investigation. By considering the
above social antecedents, the PMJJB may
take decision in the best interest of the
child.
xxx xxx xxx ”
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6. Considering the same, this Court directs that
the Petitioner shall be released on bail in terms of
Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 on such terms and
conditions as deemed just and proper by the learned
PM, JJB, Baripada (arising out of Jashipur PS Case No.
147 of 2025).
7. The orders passed by the learned Appellate
Court as well as the learned Trial Court are hereby set
aside.
8. Accordingly, the CRLREV stands disposed of.
(V. NARASINGH)
Judge
Soumya
Signature Not Verified
Digitally Signed
Signed by: SOUMYA RANJAN SAMAL
Designation: Jr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 28-Feb-2026 13:16:22
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