Gyanchandra Oraon @ Gyanchand Tigga vs The State Of Jharkhand
2025 Latest Caselaw 6956 Jhar

Jharkhand High Court

Gyanchandra Oraon @ Gyanchand Tigga vs The State Of Jharkhand on 18 November, 2025

Author: Ambuj Nath

Bench: Ananda Sen, Ambuj Nath

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (D.B.) No. 1107 of 2022
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           1.Gyanchandra Oraon @ Gyanchand Tigga
           2.Naresh Oraon
           Both sons of Late Bijla Oraon, R/o Village- Arru, Patra Toli, P.O. Arru,
           P.S. Senha, District- Lohardaga
                                                       ... Appellant(s).
                                    Versus
           1.The State of Jharkhand
           2.Victim                                    ... Respondent(s).
                                    ------
           CORAM        :     SRI ANANDA SEN, J.

SRI AMBUJ NATH, J.

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           For the Appellant(s)     : Mr. Rajiv Ranjan, Advocate
           For the State            : Mr. Pankaj Kumar, P.P.
                                    .........

09 /18.11.2025:   I.A. No.10415 of 2025

The earlier application for suspension of sentence was rejected by this Court. By filing this interlocutory application, the appellants have renewed their prayer to suspend the sentence and release them on bail during the pendency of this appeal. Now the appellants have already remained in custody from 07.08.2021.

2. The appellants have been convicted and sentenced in connection with Special POCSO Case No. 33 of 2021 for the offence under Section 376(DA) of the Indian Penal Code and Section 6 of the POCSO Act. They have been sentenced to undergo rigorous imprisonment for life and a fine of Rs.20,000/- for the offence under Section 376(DA) I.P.C.

3. Heard, the learned counsel for the appellants and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. From the evidence and the material on record, we find that the victim and the appellants are related to each other and they are niece and the uncles. Surprisingly in the evidence, the victim stated that she does not know these appellants neither she has any relationship with them, but the I.O. also stated that there is relationship between them and they are niece and uncles. Further, it is apparent that the FSL report does not suggest that there was any rape committed by these appellants upon the victim.

6. Considering the aforesaid fact, the period of custody and the fact that in near future there is no likelihood of this appeal to be taken up, appellants, named above are directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO), Lohardaga, in connection with Special POCSO Case No. 33 of 2021 with a condition that one of the bailers must be a close relative of the appellants and with a further condition that the appellants shall appear and mark their attendance before the Registrar, Civil Court, Lohardaga once in every six months till the disposal of this appeal.

7. Accordingly, the instant interlocutory application being I.A. No.10415 of 2025 stands allowed.

(ANANDA SEN, J.)

(AMBUJ NATH, J.)

18th November, 2025 R.S./Sandeep