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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Naveen Oraon – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Prasad, J.
This Criminal Revision has been filed on behalf of the juvenile petitioner challenging the judgment dated 04.10.2023, passed by Shri D.C. Awasthi, the learned Special Judge (Children’s Court), Gumla in Criminal Appeal No. 54 of 2023, by which the learned Spl. Judge has dismissed the appeal by rejecting the prayer for bail of the petitioner and the Appellate Court had affirmed the Order dated 05.09.2023, passed by the Principal Magistrate and Members of the Juvenile Justice Board, Gumla in Miscellaneous Criminal Application No. 1084 of 2023, by which prayer of bail of the petitioner has been rejected in connection with Ghaghra P.S.Case No. 16 of 2023 instituted for the offence under Sections 376-DA/34 of I.P.C. and Sections4/6 of POCSO Act.
2. As per F.I.R., while the Informant-Victim Girl along with her friend ‘Y’ and one Sameer Oraon were returning after attending a party, then on the way, Five persons, including this juvenile petitioner, intercepted them, however, the friends of the Informant fled away, whereas the Informant-Victim Girl was caught by the Five persons namely Naveen Oraon (i.e the petitioner), Bindeshwar Oraon, Laxhmi Oraon, Indradeo Oraon
Bail for juveniles in serious offenses requires exceptional circumstances; mere similarity to other cases is insufficient for discharge.
The court ruled that compromises in serious offences such as gang rape are inadmissible, maintaining that ongoing trials require full integrity and witness cooperation despite witness hostility.
The court affirmed that substantial evidence, including confessions and witness testimonies, justified the denial of bail for a juvenile accused of murder, emphasizing the importance of maintaining i....
The bail application of a juvenile should be allowed unless there are reasonable grounds to believe that the release would expose the juvenile to danger or defeat the ends of justice, as per Section ....
The court emphasized the gravity of the offense and the potential danger to society in denying bail to the juvenile offender charged with a heinous crime.
: Offence of rape – Bail Granted - There is nothing adverse in report of Probationary Officer nor there is any possibility that on being released revisionist may join company of known criminals - The....
A juvenile-petitioner should be granted bail when a co-accused is similarly granted bail, unless exceptional circumstances dictate otherwise.
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