JUDGMENT : B i p i n C h a n d e r N e g i , J. The present bail petition has been filed under Section482 of BNSS, 2023 for grant of anticipatory bail, in FIR No.78 of 2024, dated 28.09.2024, registered at Police Station, Chirgaon, District Shimla H.P., under Sections 376 of Indian Penal Code. 2. Heard counsel for the parties. Perused the record. Status report filed, the same is taken on record. Copy whereof supplied to learned counsel appearing on behalf of the petitioner. 3. The victim in the case at hand stated that she is married in a place called Pekha. In January, 2024, the victim in order to meet her maternal grandmother came to Village Pekha, wherein she stayed at her maternal uncle’s house. Herein she met her nephew, the present bail petitioner. The victim alleged that the bail petitioner by extending a false promise of marriage with her, indulged in a sexual intercourse. 4. The victim in February, 2024 alongwith her children had taken a house at place called Jhamwari. It is alleged by the victim that petitioner had told her that since out of his wedlock, no child was born, therefore, he wanted to live with the victim. As per the victim, when her children had gone to Kinnaur, the bail petitioner had forcefully indulged in sexual intercourse with her. 5. After the aforesaid incident as per the victim, she wanted to commit suicide by jumping into the river. However, while she was in the process of ending her life by committing suicide, according to the victim, the bail petitioner intervened and on the pretext of getting married with the victim had dissuaded her from committing suicide. Subsequent thereto, the bail petitioner had been continuously residing with the victim. 6. Thereafter, on the demise of the maternal grandfather of the bail petitioner, the bail petitioner on 7th September, 2024 had gone to Chidgaon. On 7th September, 2024 in connection with the medical check up of the victim, the bail petitioner had called the victim to Rohru. On 8th September, 2024, the bail petitioner alongwith his family met the victim and went to Rohru. After 12th September, 2024, according to the victim, the bail petitioner has not returned to join the company of the victim and had left her in the lurch. The victim is stated to be pregnant. 7. On 8th September, 2024, the bail petitioner alongwith his family met the victim and went to Rohru. After 12th September, 2024, according to the victim, the bail petitioner has not returned to join the company of the victim and had left her in the lurch. The victim is stated to be pregnant. 7. Challan in the case at hand was filed on 25.11.2024. Vide interim order dated 18.10.2024, the petitioner had been enlarged on bail. Subsequent thereto, the petitioner had joined investigation regularly. No recovery is to be instituted from the bail petitioner. Insofar medical report is concerned, nothing incriminating has been found till as yet. The victim in the case at hand has not given birth to the child as yet and still is pregnant. Nothing at this stage can be said or stated with respect to the paternity of the child, who is yet to be born. As per the status report, requisite supplementary challan in this respect would be filed after the birth of the child. 8. There is clear distinction between the rape and a consensual sex. At the stage of granting bail, the Court has taken into consideration the conduct of the parties. Prima facie, it appears that the prosecutrix had a physical relation with the bail petitioner with her own consent. Since the prosecutrix is an adult lady with sound mind, therefore, there is no question of inducing her into a physical relation. The prosecutrix, in the case at hand, despite being physically assaulted by the bail petitioner since January, 2024, is quiet till 28.09.2024. The prosecutrix being a married woman was definitely aware of the consequences of her action. 9. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 10. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. 11. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 12. The object of bail is neither punitive nor preventative. 11. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 12. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 13 Petitioner is permanent resident of village Pekha (Ambot), post office Pekha, Tehsil Chirgaon, District Shimla, H.P. HP. The respondent/State has not expressed any apprehension regarding him fleeing from the justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial. 14. In the aforesaid facts and circumstances, I am of the firm opinion that the prima facie it appears to be a case of consensual relationship between two adults. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and interim order dated 18.10.2024 is confirmed. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and interim order dated 18.10.2024 is confirmed. This bail order is subject, however, to the follaowing conditions:- (i) that the petitioner will appear before the Court and the Investigating Officer whenever required ; (ii) that he will 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 any facts to the Court or the police; (iii) that he will not tamper with the prosecution evidence nor he will try to win over the Prosecution witnesses or terrorise them in any manner; (iv) that he will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case; (v) that he will not leave India without prior permission of the Court; & (vi) 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 his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any. 15. Needless to say that investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions is violated by the petitioner. 16. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 17. In view of the above, the petition stands disposed of.