JUDGMENT : Virender Singh, J. 1. Applicant-Daya Ram, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to direct the Police/Investigating Officer of Police Station Pachhad, District Sirmaur, H.P., to release him on bail, in the event of his arrest, in Case FIR No.73 of 2024, dated 15.12.2024, registered, under Section 64(1) 351(3) and 333 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’). 2. Since the petitioner has not impleaded the complainant/prosecutrix, as party, as such, vide order dated 26.12.2024, the prosecutrix has been impleaded, as party-respondent No.2 and has been ordered to be served through SHO Police Station Pachhad. Despite notice, the prosecutrix has not opted to put appearance and contest the application. 3. According to the applicant, he is innocent person and has falsely been implicated, in the present case. 4. As per the applicant, he belongs to a respectable family and is having deep roots in the society. 5. On the basis of the above facts, Mr. Praveen Chandel, Advocate, has given certain undertakings on behalf of the applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section 482 of the BNSS. 6. Applicant has also tried his luck before the learned Additional Sessions Judge, Nahan, District Sirmaur, H.P., by moving Bail Application No.289-N/22 of 2024. However, the said bail application has been dismissed, vide order, dated 19 th December, 2024. 7. On the basis of the above facts, a prayer has been made to allow the application. 8. When put to notice, the police has filed the status report, disclosing therein, that on 15.12.2024, the prosecutrix, along with her sister, appeared before the Police and made a complaint, mentioning therein that she is resident of the address, as mentioned, in the complaint. According to her, on 2.12.2024, Daya Ram son of Jasmat Singh (applicant), had forcibly raped her and also threatened to kill her. 8.1. Thereafter, on 6.12.2024, the applicant has made efforts to ravish her, upon which, the prosecutrix had resisted. Thereafter, the applicant allegedly brought Vice-President Sanjeev Thakur, Vijay Pal Thakur and Dhaneshwar Thakur to the house of the prosecutrix and matter was discussed in their presence. Thereafter, they had said that they are busy for 3-4 days in a marriage. 8.1. Thereafter, on 6.12.2024, the applicant has made efforts to ravish her, upon which, the prosecutrix had resisted. Thereafter, the applicant allegedly brought Vice-President Sanjeev Thakur, Vijay Pal Thakur and Dhaneshwar Thakur to the house of the prosecutrix and matter was discussed in their presence. Thereafter, they had said that they are busy for 3-4 days in a marriage. Thereafter, they assured her to look into the matter. The prosecutrix allegedly waited for their response for three days, but no response has been received. 8.2. Thereafter, on 09.12.2024, the prosecutrix has called the police, by dialing number 1091. In order to save her social humiliation, the prosecutrix has not disclosed the fact to her family members and thought it proper to compromise the matter with the applicant. 8.3. The complainant has further got mentioned in the complaint that on the same night, applicant has swallowed some poisonous substance. This fact came to the notice of the prosecutrix and her husband on 11.12.2024 and according to her, if something is happened to Daya Ram (applicant), she will not be responsible for that. 8.4. On the basis of the above facts, the police registered the FIR, in question, and the police machinery swung into motion. 8.5. On 15.12.2024, the prosecutrix was sent to Civil Hospital, Sarahan. Thereafter, she was medico-legally examined and physical evidence, collected by the doctors, was taken into possession. 8.6. On 16.12.2024, the prosecutrix was produced before the learned Judicial Magistrate First Class, Nahan, where, her statement under Section 183 of BNSS was recorded. The prosecutrix has identified the spot and the spot map was prepared. 8.7. During investigation, it has been found that on 2.12.2024, at about, 2.30 p.m., when, the prosecutrix was all alone in the bath room, then, the applicant had raped her, as such, Section 333 BNS was added, in this case. 8.8. On 18.12.2024, the applicant has filed the similar application before the learned Additional Sessions Judge and the same was dismissed on 19.12.2024. 9. After perusing the said status report, on 27.12.2024, interim protection was granted to the applicant with a direction to join the investigation and the matter was adjourned for today. 10. 8.8. On 18.12.2024, the applicant has filed the similar application before the learned Additional Sessions Judge and the same was dismissed on 19.12.2024. 9. After perusing the said status report, on 27.12.2024, interim protection was granted to the applicant with a direction to join the investigation and the matter was adjourned for today. 10. Today, the police has filed fresh status report, mentioning therein that as per the directions of this Court, the applicant has joined the investigation on 28.12.2024.He was also medico-legally examined at Civil Hospital, Sarahan and the physical evidence collected by the Medical Officer, was preserved. 11. On 29.12.2024, the applicant has identified the place of occurrence and the spot map was prepared. On 1.1.2025, the physical evidence so collected was sent to SFSL, Junga for analysis and DNA profile. 12. During investigation, it has been found that in the year 2022, there was dispute between the prosecutrix and her husband. Thereafter, the prosecutrix, along with, her daughter had gone to her parents house. During that period, she came in contact with the applicant, upon which, applicant, allured her to solemnize marriage with her. Thereafter, they had crossed the sacred line. After three months, when prosecutrix came back to her matrimonial home, thereafter again said activities were continued. 13. When, the husband of the prosecutrix raised objection about this, then, the prosecutrix had directed the applicant not to visit her matrimonial home, upon which, the accused directed the complainant to leave her husband, and threatened her that he will kill her or commit suicide. On this pretext, the applicant had developed physical relation with the prosecutrix. 14. On 6.12.2024 also, at about 10.30 a.m., the applicant came to the matrimonial home of the prosecutrix, where verbal altercation had taken place between the two and thereafter, altercation had also happened with her husband. 15. On 11.12.2024, the complainant came to know about the fact that Daya Ram had consumed some poisonous substance. Consequently, on 15.12.2024, she has lodged the FIR, in question. 16. It has also been apprehended in the status report that in case, the interim order is made absolute, the applicant may coerce the witnesses and may weaken the prosecution case. 17. On the basis of the above facts, a prayer has been made to dismiss the application. 18. Heard. 19. In the status report, it has been mentioned that the applicant has joined the investigation. 17. On the basis of the above facts, a prayer has been made to dismiss the application. 18. Heard. 19. In the status report, it has been mentioned that the applicant has joined the investigation. The police has not sought the custodial interrogation of the applicant, nor, any case for custodial interrogation is made out, in this case, at this stage. 20. The role, attributed to the applicant, in the commission of the alleged crime, will be proved, during the course of trial. 21. The bail application cannot be rejected, as a matter of punishment, as pre-trial punishment is prohibited under the law. Even otherwise, except the present case, no other case is found to be registered against the applicant. 22. Considering the totality of circumstances, this Court is of the view that the interim protection, granted to the applicant, is required to be made absolute, as, no useful purpose would be served by dismissing the present application, which would result into the judicial custody of the applicant. 23. Considering all these facts, the interim order dated 27.12.2024, passed by this Court, is hereby made absolute, subject to the following conditions: a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant 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 such facts to the Investigating Officer or the Court; d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application. 24. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present application. 25. The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent Court of Law. 26. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.