Harish Kumar Tondon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6498 of 2017

1. Harish Kumar Tondon, S/o Manoherlal Tondon, aged 18 years, R/o Village Mahud, P.S. Arjunda, District Balod ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Supela, District Durg ---- Non-Applicant For Applicant : Shri Anurag Jha, Advocate.

For Non-Applicant : Shri Rajendra Tripathi, Panel Lawyer.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 12/12/2017

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.482/2017 registered at Police Station Supela, District Durg for offence under Sections 363, 366 & 376 of the IPC and Sections 3, 4 & 5 of the POCSO Act, 2012.

2. Initially the prosecutrix eloped with the applicant for which a report was lodged by her father and after few days, she was recovered from the applicant's possession. However, considering her statement under Section 164 CrPC wherein she has not alleged that the applicant has committed forcible sexual intercourse with her as also for the fact that she is little less than 18 years of age but in the Ossification test, her age is opined to be 19 years of age, this Court is inclined to release

the applicant on bail.

3. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. s Sd/- Judge (Prashant Kumar Mishra) Barve