Ravi Oraon vs The State Of Jharkhand
2021 Latest Caselaw 163 Jhar

            IN     THE      HIGH     COURT      OF     JHARKHAND                 AT      RANCHI
                            Criminal Appeal (D.B.) No. 915 of 2019

            Ravi Oraon                                                 ..... ...        Appellant
                                            Versus
            The State of Jharkhand                                     ..... ...          Respondent
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA : HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Mr. A.S. Dayal, Advocate. For the respondent-State : A.P.P.

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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I.A. No. 2399 of 2020.

03/ 12.01.2021 Heard learned counsel for the appellant and learned counsel for the State, on the interlocutory application, filed on behalf of the sole appellant, for granting bail, during the pendency of this appeal.

The appellant has been convicted and sentenced for the offences under Sections 363 and 376 of the Indian Penal Code and Section 4 of the POCSO Act.

From the impugned Judgment, it transpires that though, there is specific allegation against this appellant to have kidnapped and committed rape upon the victim minor girl and also to have made her indecent photograph viral through mobile phone, but it appears that no evidence of any physical or sexual violence was found in the medical examination of the victim, though she had asserted that her clothes were damaged and she had also sustained bleeding injuries in course of occurrence. Even the I.O. could not trance any evidence of making indecent photograph of the victim viral, nor did he find any mark of offence at the place of occurrence or in the cloths of the victim.

In the facts of the case, we are inclined to release the appellant Ravi Oraon, on bail. Accordingly, the appellant, named above, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Lohardaga, in connection with Special POCSO Case No. 25 of 2018.

The aforesaid interlocutory application stands allowed.

(H. C. Mishra, J.)

(Rajesh Kumar, J.) Amitesh/-