ORDER : 1. Petitioner is accused in case FIR No. 183 of 2022, dated 22.08.2022, registered at Police Station, Baddi, District Solan, H.P., under Section 376 of the Indian Penal Code. Petitioner was arrested on 23.08.2022 and is in judicial custody since 25.08.2022. 2. The petitioner has prayed for grant of bail under Section 439 Cr.P.C. in the above noted case, on the ground that he is innocent and has been falsely implicated. It is submitted that it was the prosecutrix, who had called the petitioner at the Jhugi of one Smt. Gori and the allegations as alleged in the FIR were cooked up. Even as per the allegation of prosecutrix, petitioner was not instrumental in making any objectionable video. Petitioner has undertaken to abide by the conditions as may be imposed against him. 3. On notice, the respondent has filed the status report. It is revealed that on 22.08.2022, the prosecutrix reported to the police that petitioner was known to her for the last two-three months and petitioner had committed forcible sexual intercourse with her about 10-12 days back. Somebody had made her video viral and the name of maker of video was stated to be Babu. On registration of the case, the police started investigation. Petitioner was arrested on 23.08.2022. He remained in police custody for three days, whereafter he was remanded to judicial custody. The date of birth of the prosecutrix is stated to be 15.04.2004. After completion of investigation, the challan is stated to have been filed in the Court. 4. I have heard learned counsel for the parties and have also gone through the records of the case carefully. 5. Though the petitioner has been charged with serious allegations, but this Court is not precluded from assessing the gravity and seriousness of allegations from the available facts. There is no explanation as to why the prosecutrix remained silent for 10-12 days after commission of offence. The offence is alleged to have been committed in a Jhugi of Smt. Gori. It is highly unlikely that despite the claim of prosecutrix of having raised noise, none noticed the same. Police has also not been able to find any evidence with respect to involvement of petitioner in making of objectionable video. 6. The prosecutrix is major and can be presumed to be of sufficient maturity unless proved otherwise. It is highly unlikely that despite the claim of prosecutrix of having raised noise, none noticed the same. Police has also not been able to find any evidence with respect to involvement of petitioner in making of objectionable video. 6. The prosecutrix is major and can be presumed to be of sufficient maturity unless proved otherwise. The silence of prosecutrix for such a long period has to be taken with a pinch of salt. 7. The allegations against the petitioner are yet to be proved. Pre-trial incarceration is not the rule. No fruitful purpose shall be served by keeping the petitioner in custody for indeterminate period as the trial is likely to take some time before conclusion. 8. It is not the case of the respondent that the release of petitioner on bail will result in adversely affecting the trial. The only concern of the Court at this stage is to facilitate the fair and expeditious trial. For procurement of petitioner for the purpose of trial, he can be bound by appropriate conditions. 9. Keeping in view the entirety of the facts and circumstances of the case, the petition is allowed and petitioner is ordered to be released on bail in case FIR No. 183 of 2022, dated 22.08.2022, registered at Police Station, Baddi, District Solan, H.P., under Section 376 of the Indian Penal Code, on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the learned trial Court, who necessarily should have sufficient immoveable assets in the State of Himachal Pradesh, however, subject to following conditions:- (i) That the petitioner shall regularly attend the hearings of the case before learned trial Court and shall not delay the proceedings thereof. (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 the Court or to any police officer. (iii) That the petitioner shall be liable for immediate arrest in the instant case in the event of petitioner violating the conditions of this bail. (iv) That the petitioner shall not leave the country without the express permission of the trial Court; 10. (iii) That the petitioner shall be liable for immediate arrest in the instant case in the event of petitioner violating the conditions of this bail. (iv) That the petitioner shall not leave the country without the express permission of the trial Court; 10. However, it is made clear that the observations made hereinabove shall have no bearings on the merit of the case and shall be construed for the disposal of the present petition only.