Cr.MP(M) No. 101 of 2011 25.02.2011 Present: Mr. M.S. Guleria, Advocate, for the petitioner. Mr. P.K. Sharma, Addl. A.G. with Ms. Shubh Mahajan, Deputy Advocate General, for the respondent. Cr.MP(M) No. 101 of 2011 Heard. The petitioner is in judicial custody since 7th January, 2011. It is undisputed before me that earlier the petitioner had approached this Court praying for anticipatory bail. Cr.MP(M) No. 1 of 2011 was disposed of by this Court by observing that it is not the right stage to admit the petitioner on anticipatory bail. Subsequent thereto, the petitioner approached the learned Fast Track Court, Mandi praying for grant of regular bail.That application was dismissed by the Court holding that statement of the prosecutrix was that the petitioner had developed sexual intimacy with her on the false inducement that he would ultimately marry to her. Learned Additional Advocate General submits that the present application is not maintainable as the orders of this Court as also the trial Court are clear on the point that the petitioner is primafacie guilty of offence under Section 376 IPC. What I find from the record is that the accused as also the prosecutrix had developed intimacy and it carried on for quite some time. I do not wish to comment on the material collected by the Investigating Agency nor on the merits of the case. However, considering the fact that both the accused and the prosecutrix had been carrying on for the period of more than four years, the petitioner is now in judicial custody and no recovery etc. has been effected from him, this is a fit case in which the petitioner should be admitted to bail on the following conditions: (a) the petitioner shall report to the police on each and every date when so called and if so required; (b) he shall not tamper with the prosecution evidence, overawe, threaten or attempt to overawe or threaten any witnesses nor will obstruct the smooth progress of the trial; (c) the petitioner shall attend the trial on each and every date of hearing unless so exempted by the Court in accordance with law; (d) the petitioners shall not abscond from the jurisdiction of the learned Sessions Judge, Mandi; (e) the petitioner shall furnish a personal bond in the sum of ` 50,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge, Mandi; (f) In case of violation of any of these conditions, the bail shall stand cancelled and the matter reported to this Court immediately. It will be open to the prosecution to apply such other or further condition as may be necessary in the interest of justice. It is clarified that in case of breach of any condition, the bail bonds shall stand forfeitted and the matter be referred to this Court immediately. Petition stands disposed of. Dasti copy on usual terms. February 25, 2011 (Dev Darshan Sud), ms Judge