Tija Oraon Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 148 of 2024

Tija Oraon, age about 17 years, S/o Biriya Oraon, R/o Vill. Balsota Sarna Toli, P.O. & P.S. Bhandra, Dist. Lohardaga, through his mother Budhani Oraon, age about 35 years, W/o Biriya Oraon, R/o Vill. Balsota Sarna Toli, P.O. & P.S. Bhandra, Dist. Lohardaga … Appellant

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-Versus-

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The State of Jharkhand … Respondent

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant : Mr. Shahid Yunus, Advocate For the State : A.P.P.

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07/21.11.2024

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I.A. No.6569 of 2024

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I.A. No.6569 of 2024 has been filed for condonation of delay of 87

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days in preferring the present appeal.

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Learned counsel for the appellant submits that the appellant was not in a position to prefer an appeal and in arranging the things to prefer the present appeal, such delay has occurred.

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Learned counsel for the State has got no serious objection if such delay is condoned.

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Considering that the argument advanced by the learned counsel for the appellant is disclosed in the said I.A., the Court finds that sufficient ground is made out to condone the said delay and, as such, the delay of 87 days in preferring the present appeal is, hereby, condoned.

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Accordingly, I.A. No. 6569 of 2024 is allowed and disposed of.

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Cr. Appeal (SJ) No. 148 of 2024

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This appeal is preferred against the order dated 12.10.2023 passed in Misc. Criminal Application No. 520/2023 in (Children) Case No.13/2023 in

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-1- Cr. Appeal (SJ) No. 148 of 2024

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connection with Bhandra P.S. Case No.05/2022, whereby, the bail application of the appellant has been rejected by the learned Additional Sessions Judge-I, Lohardaga-cum- Special Judge, Children Court, Lohardaga, pending in that Court.

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Learned counsel for the appellant submits that the present appeal is filed under Section 101(5) of Juvenile Justice (Care and Protection of Children) Act, 2015 and the appellant is aged about 17 years and 15 days. He submits that the co-accused, namely, Ratiya Oraon has been granted bail by a Coordinate Bench of this Court in Cr. Revision No.778 of 2023, vide order dated 06.12.2023. He submits that the appellant has got no criminal antecedent. He further submits that other co-accused have also been granted bail in Cr. Revision Nos.646 of 2022 and 779 of 2023.

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Learned counsel for the State opposed the prayer on the ground that the case is registered under Section 376DA and 34 of the IPC and Section 4/6 of POCSO Act.

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Considering that the other co-accused have been granted bail by the Coordinate Bench of this Court and in light of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the bail application of juvenile should ordinarily be allowed and social investigation report is on the record, which suggests that there is nothing adverse against the appellant and further considering that there is nothing on record to show that the release of the appellant on bail would expose him to physical, psychological or moral danger or defeat the ends of justice and, as such, the order dated 12.10.2023 passed in Misc. Criminal Application No. 520/2023 in (Children)

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Case No.13/2023 by the learned Additional Sessions Judge-I, Lohardagacum-Special Judge, Children Court, Lohardaga in connection with Bhandra P.S. Case No.05/2022 is, hereby, quashed.

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In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each by his guardian i.e. his mother to the satisfaction of the Court of the learned Additional Sessions Judge-I, Lohardaga-cum- Special Judge, Children Court, Lohardaga in connection with Bhandra P.S. Case No.05 of 2022, subject to the condition that the mother of the appellant shall give an undertaking that she would keep vigil eye on the juvenile and would control him from coming in association of the known criminals.

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Accordingly, this appeal is allowed and disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

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-3- Cr. Appeal (SJ) No. 148 of 2024

Tija Oraon v. the State of Jharkhand

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Tija Oraon v. the State of Jharkhand

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