[Cites 1, Cited by 0]
Jharkhand High Court
Anil Oraon vs The State Of Jharkhand on 5 January, 2026
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 440 of 2025
Anil Oraon ...... Appellant
Versus
1.The State of Jharkhand
2.Munni Devi (Informant) ....... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Gopal Krishna Sinha, Advocate
: Mr. Apurv Krishna, Advocate
: Ms. Priyanka Boby, Advocate
: Ms. Chanchal Chhaya, Advocate
For the State : Mr. Bishambhar Shastri, APP
For the Informant : Mr. Manoj Kumar No.2, Advocate
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ORAL ORDER IN COURT
07/Dated: 05th January, 2026
I.A. No.6653 of 2025
This Criminal Appeal has been filed on behalf of the
appellant challenging the judgment of conviction and sentence
dated 07.05.2025 passed by Sri Nalin Kumar, then learned
Sessions Judge, Garhwa in S.T. No.146 of 2022, arising out of
Meral P.S. Case No.315 of 2020 (corresponding to G.R No.740
of 2021) by which the appellant has been convicted for the
offence under Section 326 of IPC and sentenced to undergo R.I
for seven (07) years and to pay the fine of Rs.25,000/- to the
injured/victim as compensation.
2. I.A. No.6653 of 2025 has been filed on behalf of the
appellant for suspension of sentence and for grant of bail,
during pendency of the appeal.
3. Heard Mr. Gopal Krishna Sinha, learned counsel for the
appellant, learned APP for the State and Mr. Manoj Kumar
No.2, learned counsel for the Informant.
4. Learned counsel for the appellant submitted that the
impugned judgment and sentence passed by the learned Court
below is illegal, arbitrary and not sustainable in the eye of law.
It is submitted that the allegations against the appellant is not
correct and he has been implicated due to previous enmity. It
is submitted that doctor has found four injuries simple on the
person of the injured and only one injury i.e. Injury No.5 has
been found grievous in nature. It is submitted that P.W.1
Ramchandra Oraon has been declared hostile whereas P.W-2-
Surendra Oraon is a formal witness. P.W-4 is doctor whereas
P.W-7-Sita Ram Oraon is a formal witness. It is submitted that
P.W-3-Munni Devi is the informant whereas P.W-6-Mukhdeo
Oraon is the injured and they are the interested witnesses. It is
submitted that the appellant had earlier remained in custody
from 21.12.2020 to 18.03.2021 (i.e. for around three (03)
months) and thereafter the appellant is in custody since
07.05.2025 (i.e. for around eight (08) months) total around
eleven months (11) and hence the appellant may be enlarged
on bail.
5. On the other hand, learned APP has opposed the prayer
for bail. It is submitted that the appellant had assaulted the
injured-P.W-6 namely Mukhdeo Oraon on his head, due to
which he sustained five injuries on his person and one of the
injuries was found grievous in nature and hence the prayer for
bail of the appellant may be rejected.
6. Learned counsel for the informant, after adopting the
submission of the learned APP, has further submitted that
there is direct allegation against the appellant for inflicting
assault upon the husband of the informant. It is submitted that
the P.W-3-Munni Devi is the informant of this case and she
has fully supported the prosecution case and the husband of
informant was hospitalized and there was profused bleeding
from his head and nose and for which C.T. Scan was done. It
is submitted that P.W-6 is the injured namely, Mukhdeo
Oraon, who has also stated that the appellant had assaulted
him by hammer due to which he sustained injury on his head,
nose and neck and due to which there was profused bleeding.
P.W-5 is the I.O of this case who has submitted charge sheet
against the appellant. It is submitted that the P.W-4 is the
doctor who had found Injury No.1 to 4 simple but Injury No.5
was grievous and hence the prayer for bail of the appellant
may be rejected.
7. Having heard learned counsel for both the sides and on
going through the records, it appears that the appellant had
assaulted the injured P.W-6-Mukhdeo Oraon by hammer due
to which he sustained five injuries on his person on his head
and nose.
8. P.W-4 is Dr. Deepak Kumar Sinha who has examined
the injured and found the following injuries on his person:-
"(i) Lacerated wound over right eyebrow 2" x 1/5" x
1/5" size.
(ii) Lacerated wound near right side of cheek near nose
1" x 1/6" x 1/6" size.
(iii) Right upper and lower eye lid swollen diffusely and
reddened, ecchymosed.
(iv) Sub-conjunctival haemorrhage in right bulbar
conjunctiva.
(v) Tip of nose diffusely swollen and bruised with profused
bleeding from both nostril."
9. It appears from the injury report that Injury No.1 to 4
was simple and Injury No.5 was grievous and C.T. Scan report
has been marked as P-2.
10. It appears that P.W-3 is the informant and P.W-6 is the
injured and they have fully supported the case of the informant
agaisnt the appellant.
11. Considering the fact that there was previous enmity
between the parties on certain trivial issues and Injury No.1 to
4 were found simple in nature except Injury No.5 which was
found grievous, the appellant namely, Anil Oraon is directed
to be released on bail, on furnishing bail bonds of Rs.15,000/-
(Fifteen Thousand only) with two sureties of the like amount,
to the satisfaction of learned Sessions Judge, Garhwa in S.T.
No.146 of 2022, arising out of Meral P.S. Case No.315 of
2020 (corresponding to G.R No.740 of 2021), subject to the
condition that one of the bailors must be the own relative of
the appellant and also subject to the condition that the
appellant shall deposit Rs.1,00,000/- (Rs.One Lakh) at the
time of furnishing of bail bonds before the learned Trial Court
and which shall be disbursed to the informant by the learned
Trial Court below with the help of learned Secretary, DLSA,
Gahrwa and PLV, Garhwa.
12. Thus, I.A. No.6653 of 2025 is allowed and stands
disposed of.
(Sanjay Prasad, J.)
Dated: 05.01.2026
Saket/-
