Allowed

Bhushan Oraon v. the State of Jharkhand

Jharkhand HC20 Aug 2024B.A./5222/2024

Case brief

AI extract

What is this about?

Regular bail under IPC section 376(DA) and POCSO sections 4 and 6 for alleged gangrape. Trial had commenced; the victim denied rape and could not identify any accused, and the DNA report did not match the petitioner. Bail was granted.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 25,000 with two sureties of like amount to the satisfaction of the court concerned.

Bhushan Oraon Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5222 of 2024

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Bhushan Oraon @ Bhusion Oraon, aged about 23 years, S/o Sukhram Oraon, R/o Village Adarchhati, P.O. + P.S. Ghagra, District Gumla …... Petitioner Versus

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The State of Jharkhand …. …. Opp. Party ------

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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------For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Mrs. Amrita Kumari, APP --------

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Order No.05 /Dated: 20^th August, 2024

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Heard learned counsel for the petitioner and learned APP for the State.

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This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Ghaghra P.S. Case No.19 of 2023, Spl. POCSO Case No. 27 of 2023 registered under sections 376(DA) of the Indian Penal Code and Sections 4/ 6 of the POCSO Act, pending in the court of learned Exclusive Special Judge POCSO cum Addl. Sessions Judge-IV, Gumla.

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The FIR of this case was lodged by the victim herself with these allegations that on 27.02.2023 at 05:00 O’clock, she had gone to take bath in the pond of village. Some boys came from behind and caught hold of her. They took her towards the bush and all had gangraped her. These boys were total four in number. She had identified all the rapist and stated that Amit Oraon and Surendra Oraon both used to come to the house of her elder mother Vimla Devi and Mahavir Oraon and Bhushan Oraon also used to come with them. Initially she could not lodge the FIR with fear but she ultimately she told to her mother in regard to the occurrence and this FIR was lodged.

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Learned counsel for the petitioner has submitted that in this case the trial has commenced and the victim was also examined. Her deposition statement is made Annexure-2 of this bail application, in which, the victim has stated that she cannot identify any of the accused. She also denied the commission of rape upon her. Further, the DNA report is also made Annexure-3 of this bail application and in the concluding part in last paragraph, it is stated that the DNA of the petitioner did not match.

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The learned APP opposed the contentions made by the learned counsel for the petitioner.

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In view of the statement of victim and also the DNA profile report, the bail application of the petitioner is hereby allowed. Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.

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(Subhash Chand, J.)

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Madhav/-

Bhushan Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bhushan Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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