JUDGMENT : P.S. Rana, J. 1. Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 70 of 2014 dated 16.5.2014 registered under Sections 316, 498-A, 325 read with Section 34 of Indian Penal Code at P.S. Barmana District Bilaspur (HP). 2. It is pleaded that complainant is wife of applicant and applicant has two daughters. It is pleaded that complainant and her sister have been married to real brothers at Ghagas and both of them do not want to reside there. It is pleaded that wife of applicant and her sister are compelling the family of applicant to give property so that they could settle at Chandigarh. It is pleaded that since parents of applicant refused to give property to the wife of applicant and her sister they have involved the applicant as well as his mother in false case. It is also pleaded that applicant did not accompany the complainant to Leelavati Hospital for sex determination. It is pleaded that applicant and his mother did not commit any offence under Section 498-A IPC and under Section 325 IPC. It is pleaded that applicant will not tamper with prosecution witnesses in any manner and will not induce and threat the prosecution witnesses in any manner. Prayer for acceptance of bail application is sought. 3. Per contra police report filed. As per police report FIR No. 70 of 2014 dated 16.5.2014 registered under Sections 316, 498A, 325 read with Section 34 of Indian Penal Code in Police Station Barmana District Bilaspur (H.P.) against the applicant. There is recital in police report that complainant Priynka filed a complaint against the accused persons pleaded therein that accused persons are very cruel persons and they did not provide food to her and to her kids. There is further recital in police report that complainant Priynka was medically examined and on dated 09.05.2014 husband of complainant and mother-in-law of complainant inflicted injuries upon the complainant with fist blows and leg blows and killed the child in womb. There is further recital in police report that as per medical officer report it could not be opined whether fetus died due to beatings or died due to some other cause because at the time of medical examination there were no visible injuries seen on any part of body. There is further recital in police report that as per medical officer report it could not be opined whether fetus died due to beatings or died due to some other cause because at the time of medical examination there were no visible injuries seen on any part of body. There is recital in police report that dead body of fetus was in the uterus of complainant and as per medical report fetus was of three months. There is recital in police report that as per further medical report fetus was expelled due to heavy bleeding. There is further recital in police report that statements of prosecution witnesses recorded under Section 161 Cr.P.C. and version of complainant is corroborated by her elder sister. There is recital in police report that even as per statement of complainant recorded under Section 164 Cr.P.C. her sex determination test was conducted in Leelawati Hospital Ghumarwin through Dr. R.D. Sharma. There is further recital in police report that copy of compromise between the complainant and accused was also obtained. There is further recital in police report that investigation is complete and challan has been filed in competent Court of law. 4. Court heard learned Advocate appearing on behalf of the applicant and learned Additional Advocate General appearing on behalf of the State and also perused the record. 5. Following points arise for determination in this bail application:- 1. Whether bail application filed under Section 439 Cr.P.C. is liable to be accepted as mentioned in memorandum of grounds of bail application? 2. Final Order. Findings on Point No.1 6. Submission of learned Advocate appearing on behalf of applicant that applicant is innocent and applicant did not commit any criminal offence cannot be decided at this stage. Same fact will be decided when case shall be disposed of on merits after giving due opportunity 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 and challan already stood filed in the criminal Court and case will be disposed of in due course of time and on this ground bail application be allowed is accepted for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. Another submission of learned Advocate appearing on behalf of the applicant that investigation is complete and challan already stood filed in the criminal Court and case will be disposed of in due course of time and on this ground bail application be allowed is accepted for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. (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 Vs. State (Delhi Administration). Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. It was held in case reported in 2012 Cri. L.J. 702 Apex Court DB 702, titled Sanjay Chandra vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial. It was held that grant of bail is the rule and committal to jail is exceptional. It was held that refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of the Constitution. It was further held that accused should not be kept in jail for an indefinite period. 8. In view of the fact that investigation is already completed and challan already stood filed in criminal Court and in view of the fact that criminal case will be disposed of by learned trial Court in due course of time it is not expedient in the ends of justice to keep the applicant in judicial custody. Court is of the opinion that if applicant is released on bail at this stage then interest of State and general public will not be adversely effected. 9. Submission of learned Additional Advocate General appearing on behalf of non-applicant that if bail is granted to applicant then applicant will induce, threat and influence the prosecution witnesses and on this ground bail application be declined is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that condition will be imposed in the bail order to the effect that applicant will not induce and threat the prosecution witnesses. Court is of the opinion that condition will be imposed in the bail order to the effect that applicant will not induce and threat the prosecution witnesses. Court is of the opinion that if applicant will flout the terms and conditions of bail order then non-applicant will be at liberty to file application for cancellation of bail strictly in accordance with law. It is well settled law that accused is presumed to be innocent until convicted by competent Court of law. In view of above stated facts point No.1 is answered in affirmative. Point No.2 Final Order 10. In view of findings on point No.1 bail application filed by applicant under Section 439 Cr.P.C. is allowed and applicant is ordered to be released on bail subject to furnishing personal bond to the tune of Rs. 1 lac with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That the applicant will attend the proceedings of trial Court regularly as and when called upon to do so. (ii) That applicant will 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 the applicant will not leave India without the 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 in written manner to the Court at which address the applicant would be available at short notice. (vi) Applicant will not commit any cruelty mentally or physically upon complainant namely Prinyka Kapoor. Applicant be released only if not required in any other criminal case. Bail application filed under Section 439 Cr.P.C. stands disposed of. Observations made in this order will not effect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973. All pending application (s) if any also disposed of.