JUDGMENT Vivek Singh Thakur, J. - This petition, under Section 439 Cr.P.C., has been filed seeking regular bail in case FIR No. 292 of 2020, dated 25.8.2020, registered under Sections 452 and 376 IPC in Police Station Balh, District Mandi, Himachal Pradesh 2. Status report stands filed, wherein it is stated that on 25.8.2020, victim/complainant had submitted a complaint personally in Police Station, stating therein that 19-20 years back, she has been married to a person, carpenter by occupation and they have begotten children out of wedlock; and a person namely Bakshi Ram (petitioner/accused), a resident of their village, had been forcing her to develop physical relation with him since 6-7 years and whenever and wherever on the path or in some function, marriage etc. he had been finding opportunity to meet her, he had been trying to violate her forcibly. But somehow she had been managing to save her. It is further stated that in night of 7.7.2020 at 12:00 o'clock, she had gone to attend call of nature in a toilet adjacent to her house, and at that time the said Bakshi Ram had entered her room and on her return to room he had forcibly overpowered her and violated her. By that time, her husband had come and had seen it and since then her relations with her husband are strained. 3. Admittedly, complaint, with respect to the alleged incident happened on 7.7.2020, has been made on 25.8.2020 i.e. after passing of about 1 months. 4. It is also stated in the status report that statements of victim, have also been recorded by police and before the Magistrate under Section 161 Cr.P.C. and under Section 164 Cr.P.C. respectively. In her statement, recorded on 25.8.2020 under Section 161 Cr.P.C, complainant had stated that on the date of incident, her husband and son had gone to meet relatives and she along with her mother-in-law and daughter, was at home and she was sleeping along with her daughter in one room whereas her mother-in-law was sleeping in another room and at about 12:00 o'clock in the midnight she went out to attend call of nature in a toilet situated outside the house and after attending the call of nature, she returned to the room and bolted the outer door and slept after switching off the light. After some time, suddenly a person came from another room, entry to which was from her room and he caught her arm and asked to accompany him to another room on the pretext of some work. It is further stated that she had recognized him from his voice as Bakshi Ram (petitioner), who is her neighbour. According to complainant, he took her to another room and violated her forcibly and asked her to keep quiet, otherwise he threatened that he would pronounce that complainant herself had called him. She had further stated that sometime thereafter, during night, suddenly her husband and son had returned home and on knocking door by her husband, she had opened the door and disclosed the entire incident to him and at that time, Bakshi Ram was in her house and her husband had also seen him. Lastly, it is stated that thereafter on request of her husband, Pradhan Gram Panchyat Dayargi had come on the spot and family members of Bakshi Ram had also reached on the spot and in their presence Bakshi Ram had admitted his guilt and the matter was compromised and that because of fear of defame, she did not come to Police Station, but today, (the date of making complaint), she had felt that a wrong was committed to her, whereupon she had submitted a complaint to Sub Divisional Magistrate, Balh, who has sent her to Police Station to report. 5. In the statement recorded under Section 164 Cr.P.C. on 26.8.2020, complainant had stated that accused Bakshi Ram had been teasing her since last so many years and had been trying to develop forcible physical relations with her and on 7.7.2020 at 12:00 o'clock midnight, when she went to toilet adjacent to her house, then accused Bakshi Ram had intruded her room and when she arrived in her room, accused had overpowered her and had threatened that in case she would not agree to proposal of accused, then he would be pronouncing to all that complainant herself had called him in the night and thereafter accused had made physical relations with her and in the meanwhile her husband had arrived there and had seen everything, whereafter family members had informed the Pradhan. 6. Petitioner has been arrested on 25.8.2020 and since then, after remaining in Police custody, he is in judicial custody. 6. Petitioner has been arrested on 25.8.2020 and since then, after remaining in Police custody, he is in judicial custody. Petitioner had also approached learned Sessions Judge, Mandi by filing a bail application on 28.8.2020, which was dismissed on 10.9.2020 and rightly so as at that time investigation was at a nascent stage. 7. Learned counsel for the petitioner has submitted that there is unexplained, inordinate delay in lodging the FIR and that as also stated by the victim herself, after the alleged incident, Panchayat Pradhan was called on the spot and a meeting of both families was convened and, therefore, the incident was not a secret, but it was in public domain since the very first day of the alleged commission of offence by the petitioner and thus plea taken by the victim in her statement under Section 161 Cr.P.C. that because of fear of defame, she did not report the matter to the police is a concocted story. Whereas in the written complaint, on the basis of which FIR has been lodged, she has given reason for lodging the complaint that after the incident her relations with her husband had become strained. 8. Learned counsel for the petitioner also submits that petitioner is ready to abide by any conditions imposed upon him and to furnish bail bonds to the satisfaction of Court for his enlargement on bail. 9. Without commenting on merits of material placed before me, as well as evidence against petitioner/accused, on consideration of entire facts and circumstances, I find that at this stage, petitioner is entitled for bail. Accordingly, petitioner is ordered to be released on bail in case FIR No. 292 of 2020, dated 25.8.2020, registered under Sections 452 and 376 IPC in Police Station Balh, District Mandi, H.P., on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount, to the satisfaction of trial Court, within three weeks from today, subject to following conditions:- (i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required; (ii) that the petitioner 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) that he shall not obstruct the smooth progress of the investigation/trial; (iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected; (v) that the petitioner shall not misuse his liberty in any manner; (vi) that the petitioner shall not jump over the bail; (vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial; (viii) he shall not leave India without permission of the Court. 10. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. 11. In case the petitioner violates any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law. 12. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013. 13. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. 14. The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise. The petition stands disposed of in the aforesaid terms. Dasti copy on usual terms.