JUDGMENT Dharam Chand Chaudhary, J. (Oral) Petitioner is an accused in FIR No. 1/15 registered against him and his co-accused under Sections 363, 366A, 376(D), 506 read with Section 34 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act in Police Station, Kotkhai, District Shimla. 2. The allegations, as disclosed from the record against the accused-petitioner, in a nut-shell are that after lodging missing report in Police Station, Kotkhai qua missing of prosecutrix (name withheld) from her lawful guardianship, the investigating agency inquired into the detail of calls received and made from the cellphone with her. The accused-petitioner was found to have repeatedly made calls over her cellphone and as such having found his involvement in the commission of the offence punishable under Section 363 and 366A of the Indian Penal Code he has been booked in this case. There are, however, no allegations qua assaulting the prosecutrix sexually by him. The record further reveals that there are three co-accused in the case and the allegations of kidnapping, abduction and assaulting the prosecutrix sexually are against them. Nothing incriminating except for the call details has come on record suggesting that he had played role in enticing away and abducting the prosecutrix from her lawful guardianship. No recovery is to be effected from him. 3. True it is that he belongs to Haryana, however, on this score alone, the liberty of bail cannot be declined because the movement of the accused-petitioner can otherwise be ordered to be restricted by imposing suitable conditions upon him. 4. This application is, therefore, allowed. Consequently, the accused-petitioner who has been arrested in connection with FIR No. 1/15 registered against him in Police Station, Kotkhai, District Shimla is ordered to be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/-(rupees fifty thousand) with one local surety in the like amount to the satisfaction of learned Judicial Magistrate, Theog, District Shimla. In case the accused-petitioner is unable to furnish the surety bond, in that event, the amount of personal and surety bond would i.e. Rs.1,00,000/- (rupees one lac) each shall be deposited in cash, in the Court of learned Judicial Magistrate, Theog, District Shimla. The amount so deposited shall remain invested in fixed deposit during the pendency of the trial. In case the accused-petitioner is unable to furnish the surety bond, in that event, the amount of personal and surety bond would i.e. Rs.1,00,000/- (rupees one lac) each shall be deposited in cash, in the Court of learned Judicial Magistrate, Theog, District Shimla. The amount so deposited shall remain invested in fixed deposit during the pendency of the trial. In the event of the accused-petitioner having jumped over the bail or absconded, the same shall stand forfeited to the State of Himachal Pradesh. The accused-petitioner shall further abide by the following conditions: that he shall:- (a) keep on visiting Police Station, Kotkhai once in a month till the filing of challan, informing the Station House Officer about his address etc., so that, in emergency his presence, if required, can conveniently be procured. (b) not temper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (c) not 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 the Police Officer. (d) not leave the territory of India without the prior permission of the Court. 5. It is clarified that if the petitioner misuses his liberty or violate any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. 6. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The petition stands disposed of.