ORDER : 1. Petitioner, who is an accused in FIR No. 27/2022, dated 14.02.2022, registered under Sections 363 and 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act (in short the Act), at Police Station Jogindernagar, District Mandi H.P. seeks bail under Section 439 of the Code of Criminal Procedure. 2. The prosecution case is that: (i) On 14.02.2022, father of the prosecutrix presented a missing complaint concerning his daughter aged 16½ years. On the basis of said complaint, FIR in question was registered initially under Section 363 of the Indian Penal Code. During investigation, prosecutrix was recovered on 15.02.2022 from the house of maternal grand-mother of Pradeep Kumar (bail petitioner). (ii) Statement of prosecutrix was recorded under Section 161 Cr.P.C. wherein she stated that via phone she had called the bail petitioner on 13.02.2022 informing him that she was coming to his home. Despite refusal on part of the bail petitioner, prosecutrix on her own travelled in a bus and reached petitioner’s place. She went to petitioner’s home and slept there in separate room. On 14.02.2022, prosecutrix and the bail petitioner went to a temple. Prosecutrix was sexually exploited by the bail petitioner during the intervening night of 14.02.2022. (iii) Bail petitioner was arrested on 15.02.2022. Considering 1.6.2005 as the age of the prosecutrix entered in her date of birth certificate, Section 376 of the Indian Penal Code and Section 4 of the POCSO Act were incorporated in the FIR in question. Statement of prosecutrix was also recorded under Section 164 of the Code of Criminal Procedure. (iv) The investigating agency has also received a report of the Regional Forensic Science Laboratory Mandi. Based upon this report, medical officer has opined that “since no semen/Blood of accused was detected in sample of the victim it cannot be commented that the Sexual Intercourse took place at the time victim reported to us at CH. JNR. Therefore the time of Sexual Intercourse cannot be commented upon as all sample shown Negative report.” 3. Learned counsel for the petitioner raised plea of false implication and innocence of the petitioner. Learned counsel argued that statement of the prosecutrix has since been recorded on oath during the trial, wherein she has not supported the version of the prosecution. JNR. Therefore the time of Sexual Intercourse cannot be commented upon as all sample shown Negative report.” 3. Learned counsel for the petitioner raised plea of false implication and innocence of the petitioner. Learned counsel argued that statement of the prosecutrix has since been recorded on oath during the trial, wherein she has not supported the version of the prosecution. Learned counsel contended that in terms of the investigation carried out and the evidence collected by the investigating agency, the prosecutrix had herself called the bail petitioner and came to his place on her own. Allegation of sexual exploitation of the prosecutrix by the bail petitioner is absolutely incorrect. Evidence collected by the investigating agency does not substantiate the allegation. Learned counsel further submitted that the trial is already going on. Considering the fact that petitioner is behind the bars from past about 4 months, he may be enlarged on bail. The petitioner also undertakes not to influence or tamper the prosecution evidence, in case of his enlargement on bail. He will abide by all the terms and conditions of the bail and will not threaten or induce the prosecution witnesses including the complainant and her family members. Mr. Arvind Sharma, learned Additional Advocate General opposed the bail petition and submitted that the petitioner had committed a heinous offence against a minor child. He further submitted that in case the Court is inclined to grant bail to the petitioner, then stringent conditions may be imposed upon him including one that the petitioner shall not threaten and harass the complainant/prosecutrix and her family members in any manner whatsoever. 4. I have heard learned counsel for the parties and gone through the status report and record produced by the investigating agency. 5. As per status report and the record of the case, prima facie it comes out that it was prosecutrix, who had called the bail petitioner on 13.02.2022. The prosecutrix reached the place of bail petitioner by travelling in a bus. Her actions, prima facie, were not at the instance of bail petitioner rather steps were taken by the prosecutrix on her own. In her statement recorded during trial, she also stated that she had projected her age as 19 years. She also stated therein that nothing wrong happened to her at the place of petitioner. This is to be considered with the report of Regional Forensic Science Laboratory Mandi. In her statement recorded during trial, she also stated that she had projected her age as 19 years. She also stated therein that nothing wrong happened to her at the place of petitioner. This is to be considered with the report of Regional Forensic Science Laboratory Mandi. On the basis of said report, the medical officer has opined that “since no semen/Blood of accused was detected in sample of the victim it cannot be commented that the Sexual Intercourse took place at the time victim reported to us at Civil Hospital Jogindernagar.” Victim reported at Jogindernagar Hospital on 16.02.2022. These are the prima facie observations being made for the adjudication of the present bail petition. Besides this, notice of the bail petition through investigating agency was served upon the prosecutrix, purusant to which, she attended today’s hearing. During the course of hearing in the chamber, she did not oppose the grant of bail to the petitioner. 6. Bail Petitioner is resident of Village Kulandar, P.O. Drang, Tehsil Padhar, District Mandi, H.P. therefore, his presence can always be secured in the trial. Nothing is to be recovered from the petitioner. In the facts and circumstances of the case, no significant object will be achieved by keeping him confined any further. The apprehension that the petitioner can intimidate the prosecutrix and the prosecution witnesses can be taken care of by imposing stringent conditions upon the petitioner including the one that he will not contact the prosecutrix and her family members and further that he will not threaten them in any manner whatsoever. Consequently, the present petition is allowed. Petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction, subject to the following conditions: (i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the investigating officer and will appear before him in the concerned police station as and when called in accordance with law. (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever. (iii) Petitioner shall not contact the complainant or her family members in any manner whatsoever. He shall fully cooperate the investigating officer and will appear before him in the concerned police station as and when called in accordance with law. (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever. (iii) Petitioner shall not contact the complainant or her family members in any manner whatsoever. He shall also not contact, threaten or intimidate the victim/complainant & their family members in any manner whatsoever. (iv) Petitioner will not leave India without prior permission of the Court. (v) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer. (vi) Petitioner shall attend the trial on every hearing, unless exempted in accordance with law. (vii) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of their Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Numbers, if any. 7. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Any observation hereinabove shall not be taken as an expression on merits of the case and learned Trial Court shall decide the matter uninfluenced by any of observations made hereinabove. 8. With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.