RAM ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioners and learned counsel for the State are present.

(2.) This Criminal Revision has been preferred on behalf of the petitioners against the order dtd. 13/4/2022 passed by the learned District and Additional Sessions Judge-I, Lohardaga cum Special Judge, (Children Court), Lohardaga in Criminal Appeal No.11 of 2022, whereby the appeal was dismissed and affirmed the order dtd. 5/3/2022 passed by the learned Principal Magistrate, Juvenile Justice Board, Lohardaga in connection with Bhandra P.S. Case No.05 of 2022 registered under Sec. 376DA/34 of the Indian Penal Code and under Sec. 4/6 of the POCSO Act, wherein the bail application of both the juveniles was rejected.

(3.) Learned counsel for the petitioners has submitted that both the petitioners were 14 years old on the date of occurrence, their bail application was rejected by the learned J.J. Board only taking into consideration the gravity of offence without taking into consideration the Social Investigation Report while there is nothing adverse against both the petitioner in Social Investigation Report. The impugned order passed by the learned J.J. Board, which was affirmed by the learned Appellate Court are based on surmises and conjectures. It is also submitted that the similarly situated co-accused, namely, Amit Oraon has been granted bail by this Bench in Cr. Revision No.779 of 2023 vide order dtd. 8/11/2023