ORDER : Petitioner has approached this Court invoking provisions of Section 438 Code of Criminal Procedure (in short ‘Cr.P.C.’), seeking bail in Case FIR No.86 of 2021, dated 03.12.2021, registered in Police Station Gohar, District Mandi, H.P., under Sections 376 of the Indian Penal Code (in short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’). 2. Status report stands filed, wherein it has been stated that on receiving information from the Medical Officer Alok from Civil Hospital Sundernagar that a 17 years old minor girl has given birth to a female child. Police rushed to the hospital and recorded statement of the girl. In her statement, victim stated that she is 17 years old and has studied up to 10th class and when she was studying in 9th class, she got acquainted with Prem Lal (petitioner), who is a Carpenter and they started love each other and petitioner used to come to meet her, and about one and a half year ago, she informed the petitioner that she had attained majority and thereafter in August, 2020 both of them on their own will, but without informing the parents, married each other and she started living as a wife of the petitioner in the house of petitioner-Prem Lal and during this period, for copulation, she became pregnant and on 01.12.2021, she was brought to Hospital at Sundernagar for check-up where on 02.12.2021 she delivered a female child. 3. On the basis of aforesaid statement, as complainant was minor, FIR was registered. 4. Supplementary statement of victim was also recorded, wherein she disclosed that she and petitioner had married with each other in the Temple of Mata Lambodari by offering garlands (Varmala and Jaimala) to each other and at that time there was no Priest available in the Temple and marriage has also not been recorded in the Gram Panchayat. 5. Female child expired on 05.12.2021. Learned counsel for the petitioner has placed on record Birth certificate as well as Death certificate of female child, wherein name of petitioner has been mentioned as father, whereas, victim has been reflected as mother of female child. 6. It is a case where societal interest and individual interest of the victim are in clash. Female child expired on 05.12.2021. Learned counsel for the petitioner has placed on record Birth certificate as well as Death certificate of female child, wherein name of petitioner has been mentioned as father, whereas, victim has been reflected as mother of female child. 6. It is a case where societal interest and individual interest of the victim are in clash. In case for societal interest, petitioner is sent behind the bars then the personal and individual interest of victim would be adversely affected. It is a case where, two individual interests of victim are also in clash with each other as for protecting her interest as minor girl, petitioner has been considered as an accused, however, in that process the real sufferer is victim herself as it would be ruining her marital life as well as family as petitioner being her husband is only person to look after her for the reason that for solemnizing marriage by victim with petitioner without their consent, her parents may not be ready to accept her and to take her responsibility. Her safety and welfare is with safety of her matrimonial family. To protect family is also in larger interest of society. Balancing the societal interest and individual interest and comparing clashing individual interest of victim, I find that it is a fit case for enlarging the petitioner on bail. 7. Accordingly, present petition is allowed and order dated 08.12.2021 granting interim bail to the petitioner is confirmed, subject to his furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount, to the satisfaction of the trial Court, within four weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial:- (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 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 the petitioner 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 in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by prosecution; (viii) that the petitioner shall not leave the territory of India without prior permission; and (ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, if any, in future. 8. 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 and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice. 9. In case the petitioner violates any condition 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. 10. 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. 11. 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. 12. Petition is disposed of in aforesaid terms. 13. Copy dasti. 14. Petitioner is permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.