Ashok Oraon vs The State Of Jharkhand
2022 Latest Caselaw 497 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.472 of 2021

    Ashok Oraon
    @ Aashif Oraon                                  ......       Petitioner
                               Versus
    The State of Jharkhand                          .....    Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. K. S. Nanda, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P

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

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               th
04/Dated: 16        February, 2022

1. The present revision application has been filed against the judgment dated 25.03.2021, passed by the court of learned Additional Sessions Judge - I -cum- Special Judge, (Children's Court), Gumla, in Criminal Appeal Case No.11 of 2021, whereby the prayer for bail of the juvenile has been rejected in connection with Special (POCSO) Case No.37 of 2019, arising out of Sisai P.S. Case No.77 of 2019, corresponding to G.R. No.843 of 2019, registered for the offence under Section 376(DA) of the Indian Penal Code and Sections 4/ 8 of the POCSO Act.

2. The juvenile, who is aged about of 16 years, is in custody since 27.06.2019, has approached this Court for his release on bail through his father, who is ready and willing to keep this juvenile under his proper care and custody.

3. Learned counsel for the State has opposed the prayer. It has been pointed out by the learned A.P.P that the medical evidence supports the commission of gang rape upon the victim girl, aged about 14 years.

4. Having heard learned counsel for the parties and on perusal of the record, it appears that the age of the juvenile has been assessed as 16 years and he is in custody since 22.06.2019. It further appears that the juvenile comes from poor background and the crime has been committed after consuming liquor.

Considering the period of custody and the mandate of Section 3 of the Juvenile Justice (Care and Protection of

Children) Act, 2015, the petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Gumla in connection with Special (POCSO) Case No.37 of 2019, arising out of Sisai P.S. Case No.77 of 2019, corresponding to G.R. No.843 of 2019, subject to the condition that one of the bailors must be the father of the petitioner.

Further, the concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Gumla regarding up keeping of minor.

5. Accordingly, the instant revision is allowed and the impugned judgment dated 25.03.2021, passed by the court of learned Additional Sessions Judge - I -cum- Special Judge, (Children's Court), Gumla, in Criminal Appeal Case No.11 of 2021, is hereby, set aside.

(Rajesh Kumar, J.) Chandan/-