Jharkhand High Court
- vs - on 21 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.568 of 2021
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Rajesh Oraon, S/O Late Pujar Oraon R/O Village-Baksidipa, P.O. and
P.S. Senha, District-Lohardaga through his Aunt Sukri Oraon W/o
Malinajar Oraon R/O Bakshi Deepa Doha Ward No.21 P.o and P.S.
Lohardaga, District Lohardaga
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Altamash Khan, Advocate
For the State : Mr. Bhola Nath Ojha, A.P.P.
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Order No.07 Dated 21st July, 2022
Heard Mr. Altamash Khan, learned counsel for the petitioner and
Mr. Bhola Nath Ojha, learned counsel for the State.
2. The present Criminal Revision Application has been filed on
behalf of the Juvenile-petitioner under Section 102 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 for setting aside
the judgment dated 15.07.2021 passed in Criminal Appeal No.02 of
2021 by the learned Additional Sessions Judge-I, Lohardaga, by
which, the said Criminal Appeal No.02 of 2021 has been dismissed
by rejecting his prayer for bail by affirming the order dated
19.12.2020 passed by the Principal Magistrate Juvenile Justice
Board, Lohardaga in connection with Lohardaga (Mahila) P.S. Case
No.34 of 2019, corresponding to G.R Case No.34 of 2019.
3. As per the F.I.R, the juvenile-petitioner is alleged to have
committed rape upon the victim girl on 16.07.2019.
4. It is submitted by the learned counsel for the petitioner that the
petitioner is a Juvenile. It is further submitted that the allegation
against this juvenile-petitioner is not correct for committing rape
upon the victim girl. It is further submitted that nothing adverse has
been shown against him from the Social Investigation Report. It is
further submitted that there is no sign of rape was found on the
victim girl as per the Medical Report. It is further submitted that the
Mother of the petitioner is no more and father of the juvenile-
petitioner is a "Drunkand' having bad habits and therefore, his Aunt
namely, Sukri Oraon has given undertaking before this Court to take
care of this juvenile-petitioner. It is further submitted that the
juvenile-petitioner is in custody since July, 2019 and hence, he may
be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
prayer for bail and has submitted that there is direct allegation for
committing rape upon the victim girl.
6. Perused the Lower Court Records, Social Investigation Report
and considered the submission made on behalf of the parties.
7. It transpires from the F.I.R. that the petitioner is alleged to have
committed rape upon the victim girl.
8. From perusal of the Social Investigation Report of the
juvenile-petitioner, it would appear that there is no guardian to look
into this juvenile-petitioner and due to which, the petitioner also
works as a labour and is not in proper company. It also appears that
no injury was found on the person of the victim girl.
8. Considering the period of custody of the juvenile-petitioner
and giving an undertaking by the Aunt of this Juvenile-petitioner,
the juvenile-petitioner namely, Rajesh Oraon, is directed to be
released in the custody of his Aunty namely, Sukri Oraon, on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Principal Magistrate Juvenile Justice Board, Lohardaga in
connection with Lohardaga (Mahila) P.S. Case No.34 of 2019,
corresponding to G.R Case No.34 of 2019, subject to the condition
that the Guardian i.e, Aunty shall be the bailors of the juvenile
petitioner, with a further condition that the Aunt of the juvenile-
petitioner shall submit her self-attested Aadhar Card and Mobile
Number before the learned Court below and which shall not be
changed till disposal of this case and the Aunty of the juvenile-
petitioner shall produce the juvenile-petitioner before the learned
court below as and when required, failing which, the prosecution
will be at liberty to take steps in accordance with law.
09. Thus, in view of above judgment dated 15.07.2021 passed in
Criminal Appeal No.02 of 2021 by the learned Additional Sessions
Judge-I, Lohardaga, and the order dated 19.12.2020 passed by the
Principal Magistrate Juvenile Justice Board, Lohardaga in
connection with Lohardaga (Mahila) P.S. Case No.34 of 2019,
corresponding to G.R Case No.34 of 2019 are set-aside in the
interest of justice.
10. Accordingly, this Criminal Revision No.568 of 2021 stands
allowed and is accordingly disposed of.
(Sanjay Prasad, J.)
Raja/-
