ORDER P.S.Rana 1. Present petition is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail relating to FIR No. 18 of 2014 dated 16.1.2014 registered under Sections 341, 342, 363, 376, 506 read with section 34 IPC in police station Kullu District Kullu HP. Brief facts of case as per first information report: 2. Prosecutrix after completion of her B.A examination was learning stitching work in Nisha stitching centre Kullu. On dated 15.1.2014 when prosecutrix in the evening boarded down from bus at Kalung bus stand then three boys came nearby prosecutrix out of them one was coaccused Suresh. Thereafter co-accused Suresh forcibly took prosecutrix in a black coloured vehicle by way of closing the mouth of prosecutrix so that prosecutrix could not cry. Thereafter accused also switch off the light of vehicle. Thereafter co-accused Suresh Kumar brought prosecutrix in his house at Hathithan and committed rape with prosecutrix. Thereafter co-accused Suresh Kumar also told to prosecutrix that in case she would narrate incident to anybody then she would be cut into pieces and pieces of body of prosecutrix would be thrown into a tank. Thereafter prosecutrix was medically examined and MLC of prosecutrix was obtained and as per MLC report prosecutrix was exposed to frequent coitus. Thereafter as per location shown by prosecutrix site plan was prepared and photographs of location, mattress and blanket upon which criminal offence of rape was committed was took into possession vide seizure memo. Co-accused Suresh Kumar was also medically examined and as per MLC report coaccused Suresh Kumar was able to performa sexual act. Vehicle No. HP51(T)-8129 in which prosecutrix was abducted also took into possession vide seizure memo. DNA report from SFSL Junga is still awaited. 3. Court heard learned Advocate appearing on behalf of petitioner and learned Additional Advocate General appearing on behalf of State. 4. Following points arise for determination in the present bail petition: (1) Whether bail petition filed under Section 439 of the Code of Criminal Procedure 1973 is liable to be accepted as mentioned in memorandum of grounds of bail petition?. (2) Final Order. Reasons for findings upon Point No.1. 5. 4. Following points arise for determination in the present bail petition: (1) Whether bail petition filed under Section 439 of the Code of Criminal Procedure 1973 is liable to be accepted as mentioned in memorandum of grounds of bail petition?. (2) Final Order. Reasons for findings upon Point No.1. 5. Submission of learned Advocate appearing on behalf of petitioner that co-accused Roshal Lal and co-accused Partap Chand have already been released on bail and on the concept of parity petitioner be also released on bail is rejected being devoid of any force for the reasons hereinafter mentioned. There is special recital in police report that co-accused Roshal Lal and co-accused Partap Chand did not commit offence of rape personally upon prosecutrix. There is recital in police report that co-accused Suresh Kumar has committed criminal offence of rape upon prosecutrix in positive active manner. There is no recital in police report that co-accused Roshan Lal and co-accused Partap Chand have also committed rape upon prosecutrix. Personal role of co-accused Roshan Lal and co-accused Partap Chand is non active relating to offence of rape. Hence it is held that in view of above stated facts it is not expedient in the ends of justice to release petitioner on bail on the concept of parity. 6. Submission of learned Advocate appearing on behalf of petitioner that petitioner is innocent and he has been falsely implicated in the present case and on this ground present bail petition be allowed is rejected being devoid of any force for the reasons hereinafter mentioned. Fact whether petitioner is innocent or not cannot be decided at this stage. Same fact will be decided when case shall be decided on merits by learned trial Court after giving due opportunity of hearing to both the parties to lead evidence in support of their case. 7. Submission of learned Advocate appearing on behalf of petitioner that petitioner will abide by the directions of Court and no useful purpose will be served keeping petitioner in judicial custody and on this ground bail petition be allowed is also rejected being devoid of any force for the reasons hereinafter mentioned. The allegations against the petitioner are very heinous and grave in nature relating to commission of rape upon prosecutrix was un-married girl and co-accused Suresh Kumar was married person at the time of alleged rape incident. The allegations against the petitioner are very heinous and grave in nature relating to commission of rape upon prosecutrix was un-married girl and co-accused Suresh Kumar was married person at the time of alleged rape incident. Criminal offences of rape are increasing day by day in society. Every girl and woman has fundamental constitutional right to live in society with dignity and honour and it is well settled law that sexual assault is attacked upon dignity and honour of girl or woman. 8. Submission of learned Advocate appearing on behalf of petitioner that petitioner will not directly and indirectly hamper prosecution evidence and petitioner will abide by the direction of Court and on this ground bail petition be allowed is also rejected being devoid of any force for the reasons hereinafter mentioned. It is well settled law that at the time of granting bail following factors should be considered (i) Nature and seriousness of offence (ii) 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) 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. Court is of the opinion that if petitioner is released on bail at this stage then investigation and trial of the case will be adversely effected. Court is of the opinion that if the petitioner is released on bail at this stage then interest of State and general public will also be adversely effected. 9. Submission of learned Additional Advocate General appearing on behalf of non-petitioner that if petitioner is released on bail at this stage then petitioner will directly and indirectly threaten prosecution witnesses is accepted for the reasons hereinafter mentioned. There is apprehension in the mind of Court that if petitioner is released on bail at this stage then petitioner will directly or indirectly influence prosecution evidence which will hamper investigation and trial of the case. It is well settled law that murder destroy body of victim but rapist degrades soul of female victim. Bail in non-bailable criminal case is not a matter of right. Court should consider all relevant facts while granting bail in non-bailable criminal offence. It is well settled law that murder destroy body of victim but rapist degrades soul of female victim. Bail in non-bailable criminal case is not a matter of right. Court should consider all relevant facts while granting bail in non-bailable criminal offence. Till date prosecutrix has not been examined in Court. There is positive allegations of overt act on part of petitioner relating to criminal offence of rape. In view of gravity of criminal offence it is not expedient in the ends of justice to release petitioner on bail at this stage of case. In view of above stated facts point No.1 is answered in negative. Point No.2 (Final Order). 10. In view of findings on point No.1 bail petition filed by petitioner under Section 439 of the Code of Criminal Procedure 1973 is rejected. Observation made hereinabove will be strictly for the purpose of deciding present bail petition and it will not effect merits of case in any manner. As petitioner is in judicial custody proceedings of criminal case will be concluded expeditiously in accordance with law. Bail petition is disposed of. All pending application(s) if any also disposed of.