JUDGMENT : P.S. Rana, J. Present petition filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 322 of 2014 dated 10.9.2014 registered under Sections 452, 354 and 354(A) of the Indian Penal Code and Section 7 of Protection of Children from Sexual Offences Act, 2012 at Police Station Sarkaghat, District Mandi Himachal Pradesh. 2. It is pleaded that applicant has been falsely implicated in the present case. It is pleaded that grand father of the prosecutrix is working under NARAGA scheme and wife of the applicant is Pradhan of the gram panchayat Gehra and father of the applicant is Chowkidar of the gram panchayat Gehra. It is further pleaded that grand father of the prosecutrix wants to get the wages without performing any work which was refused by the wife of the applicant. It is further pleaded that investigation of the case is complete. It is further pleaded that applicant will co-operate with the investigation agency and will not hamper in any manner in the investigation of the case. It is further pleaded that applicant will not threat or induce any witness of the prosecution who are acquainted with the facts of the case. It is further pleaded that any condition imposed by the Court will be binding upon the applicant. Prayer for acceptance of bail application filed under Section 439 of the Code of Criminal Procedure 1973 sought. 3. Per contra police report filed. As per police report FIR No. 322 of 2014 dated 10.9.2014 registered under Sections 452, 354 and 354(A) of the Indian Penal Code and under Section 7 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Sarkaghat, District Mandi Himachal Pradesh there is recital in police report that on dated 10.9.2014 at about 1.00 PM prosecutrix along with her father and mother filed a complaint against the applicant. There is further recital in police report that the age of the prosecutrix is 13 years. There is further recital in police report that on dated 8.9.2014 at about 1.30 PM the prosecutrix was present in her house. There is further recital in police report that grand father, grand mother and younger brother of the prosecutrix were also present in house. There is further recital in police report that on dated 8.9.2014 at about 1.30 PM the prosecutrix was present in her house. There is further recital in police report that grand father, grand mother and younger brother of the prosecutrix were also present in house. There is further recital in police report that applicant came in her house who was posted as drawing master in Panyali school and sat inside the room of her house. There is further recital in police report that applicant had consumed wine. There is further recital in police report that prosecutrix provided water to the applicant in the presence of grand father and younger brother. There is further recital in police report that grand father and younger brother of the prosecutrix sent the prosecutrix for preparation of tea. There is further recital in police report that thereafter younger brother of prosecutrix was sent for reading purpose and grand father of prosecutrix went for bringing sheep and goats which were sent for grazing purpose. There is further recital in police report that when prosecutrix brought tea in the room applicant took tea and kept the same upon the chair. There is further recital in police report that thereafter applicant switch off electricity and caught the prosecutrix with force and also caught the prosecutrix from her breast and told the prosecutrix to lay herself upon the bed. There is further recital in police report that thereafter prosecutrix pushed the applicant and prosecutrix ran away towards the kitchen. There is further recital in police report that thereafter prosecutrix went to her mother from the back portion of the door of the kitchen. There is further recital in police report that thereafter applicant ran away from the house of the prosecutrix. Statement of the prosecutrix was recorded under Section 164 Cr.PC by learned Additional Chief Judicial Magistrate and place of location was also identified by the prosecutrix and site plan was prepared. There is further recital in police report that statement of prosecution witnesses were recorded under Section 161 Cr PC. There is further recital in police report that applicant filed anticipatory bail application before learned Sessions Judge Mandi which was dismissed on 12.9.2014. There is further recital in police report that thereafter applicant filed regular bail application before learned Sessions Judge Mandi and same was also dismissed on 25.9.2014. There is further recital in police report that applicant filed anticipatory bail application before learned Sessions Judge Mandi which was dismissed on 12.9.2014. There is further recital in police report that thereafter applicant filed regular bail application before learned Sessions Judge Mandi and same was also dismissed on 25.9.2014. There is further recital in police report that applicant is in judicial custody. There is further recital in police report that challan has been filed in Court on 22.10.2014. 4. Following points arise for determination in the present bail application: (1) Whether bail application filed under Section 439 of the Code of Criminal Procedure 1973 is liable to be accepted as mentioned in memorandum of grounds of bail application. (2) Final Order. 5. Court heard learned Advocate appearing on behalf of applicant and Court also heard learned Additional Advocate General appearing on behalf of State. Finding upon Point No. 1. 6. Submission of learned Advocate appearing on behalf of the applicant that applicant is innocent and he has been falsely implicated in the present case cannot be decided at this stage. Same fact will be decided when case shall be decided on its merits by learned trial Court after giving due opportunity of hearing to both the parties to lead evidence in support of their case. 7. Another submission of learned Advocate appearing on behalf of the applicant that investigation is complete in the present case and challan already stood filed before the competent Court of law and any condition imposed by the Court will be binding upon the applicant and on this ground bail application filed under Section 439 Cr PC be allowed is accepted for the reason hereinafter mentioned. It is well settled law that at the time of granting bail following factors should be considered such as (i) Nature and seriousness of offence (ii) The character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) The larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others v. State (Delhi Administration. Also see AIR 1962 SC 253 titled The State v. Captain Jagjit Singh. See AIR 1978 SC 179 titled Gurcharan Singh and others v. State (Delhi Administration. Also see AIR 1962 SC 253 titled The State v. Captain Jagjit Singh. It was held in case reported in 2012 Cri.L.J 702 titled Sanjay Chandra v. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial and it was held that object of bail is not punitive in nature. It was held that bail is rule and committal to jail is exception. It was also held that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution of India. It was held that it is not in the interest of justice that accused should be kept in jail for indefinite period. Keeping in view the fact that challan already stood filed in Court and keeping in view the fact that applicant has not been convicted by any competent Court of law as of today and keeping in view that criminal case will be disposed of in due course of time and keeping in view that investigation is completed it is held that it is expedient in the ends of justice to release the applicant on bail at this stage. It is further held that if applicant is released on bail at this stage then interests of the general public or the State will not be adversely effected. 8. Submission of learned Additional Advocate General that if the applicant is released on bail he will again commit similar offence and on this ground bail application be rejected is devoid of any force for the reason hereinafter mentioned. Court is of the opinion that conditions will be imposed in the bail order that applicant will not commit similar offence in future. If applicant commits similar offence in future then prosecution will be at liberty to file application for cancellation of bail in accordance with law. 9. Another submission of learned Additional Advocate General that if the applicant is release on bail then applicant will induce and threat the prosecution witness and on this ground bail application be rejected is devoid of any force for the reason hereinafter mentioned. It is held that condition will be imposed in the bail order that applicant will not induce and threat the prosecution witness. It is held that condition will be imposed in the bail order that applicant will not induce and threat the prosecution witness. It is further held that if the applicant will induce and threat the prosecution witness during the trial of the case then prosecution will be at liberty to file application for cancellation of the bail in accordance with law. Point No.1 is decided in favour of applicant. Final order. 10. In view of my above findings on point No.1 bail application filed by applicant is allowed. It is ordered that applicant will be released on bail on following terms and conditions on furnishing personal bond in the sum of Rs. 1,00,000/- (One lac) with two sureties in the like amount to the satisfaction of learned trial Court (i) That applicant will join investigation as and when called for by the Investigating Officer in accordance with law. (ii) That applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. (iii) That applicant will not leave India without prior permission of the Court. (iv) That applicant will not commit similar offence qua which he is accused. (v) That applicant will give his residential address to the Investigating Officer in written manner.(vi) That applicant will attend the proceedings of learned trial Court regularly. (vii) That applicant will not contact and will not harass the prosecutrix in any manner till the conclusion of trial. Application filed under Section 439 of the Code of Criminal Procedure 1973 disposed of. Observation made hereinabove is strictly for the purpose of deciding the present bail application and it shall not effect merits of case in any manner. All pending application(s) if any are also disposed of.