CUTTACK: The Orissa High Court has ordered to release on bail a minor accused of rape under the POCSO Act, setting aside earlier orders passed by the Juvenile Justice Board (JJB) and the Children’s Court in Bhadrak.
The minor, referred to as the Child in Conflict with Law (CICL), had been in custody since March 5, 2025, and sought bail under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Pronouncing the verdict on June 30, Justice Gourishankar Satapathy said, “Bail to CICL is the rule, and detention is the exception.” The petitioner, Omm Prakash Nayak, was arrested for allegedly committing rape, a charge that falls under the stringent provisions of the POCSO Act. However, the court noted that in the case registered at the Naikanidihi police station, both the accused and the victim are minors and that a charge sheet has already been filed in the case.
The court observed that the Social Investigation Report (SIR) painted a positive picture of the CICL’s conduct and mindset. “The SIR reveals that the child is repenting and his conduct is good in the observation home,” noted Justice Satapathy.
He further ruled, “Since the petitioner and the victim are minors and there is a positive observation in favour of the petitioner in the SIR...this court, without expressing any opinion on merits, considers it proper to admit the petitioner-CICL to bail.”
The CICL has been directed to be released on bail with conditions to be decided by the trial court, including a key restriction that the petitioner shall not contact the victim or visit her residence.