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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Dharmu Oraon S/o Rama Oraon – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. challenge of juvenile petitioners' bail. (Para 1 , 2) |
| 2. defense alleges false accusations. (Para 3 , 4) |
| 3. factual basis of the allegations. (Para 5 , 6 , 7 , 8 , 9) |
| 4. evidence reviewed from investigation. (Para 10 , 11 , 12 , 13 , 14) |
| 5. concerns raised regarding witness hostility. (Para 16 , 18) |
| 6. denial of bail due to ongoing trial. (Para 19 , 20 , 21) |
| 7. rejection of bail and affirmation of lower court's decision. (Para 22 , 23 , 24 , 25) |
JUDGMENT :
1. This Criminal Revision Application has been filed on behalf of the juvenile petitioners challenging the judgment dated 22.07.2024, passed by Shri Akhilesh Kumar Tiwari, learned Addl. Sessions Judge-1-cum-Special Judge, Children Court, Civil Courts, Lohardaga in Criminal Appeal No. 50 of 2024, by which prayer for bail of the petitioners has been rejected by affirming the order dated 04.06.2024, passed by the In-Charge Principal Magistrate &Members of Juvenile Justice Board, Lohardaga (wrongly stated as Presiding Officer, Juvenile Justice Board, Lohardaga in this Revision Application), arising out of Bhandra P.S. Case No. 24 of 2024 in connection with G.R. No. 264 of 2024 instituted for the offence under Section 376
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.
Bail for juveniles in serious offenses requires exceptional circumstances; mere similarity to other cases is insufficient for discharge.
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 importance of rehabilitating juveniles over punitive actions, allowing bail based on the principles outlined in the Juvenile Justice Act.
The gravity of the offence would not be of much consequence in deciding the bail application of a juvenile, if his case does not fall under the exceptions carved out in the proviso to Section 12(1) o....
Bail granted - Rape - Section 12 of the Juvenile Justice Act makes the bail of the juvenile mandatory and the grounds on the basis of which his bail application can be rejected is also to serve the ....
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....
: 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....
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