JUDGMENT : 1. Heard Hom Narayan Awasthi, learned counsel for the applicant, Shri Vijay Prakash Dwivedi, learned AGA-1 for the State and also perused the material placed on record. 2. By means of the present bail application, the applicant-Salahuddin seeks bail in Case Crime No. 223 of 2021, under Sections 376,504,506 IPC and section 3/4 POCSO Act, 2012, Police Station Risiya, District Baharaich, during the pendency of trial. 3. Learned counsel for the applicant submits that the applicant is aged about 60 years and is suffering from various diseases, who is innocent and has falsely been implicated in the present case due to enmity and village party bandi. No such incident as alleged by the prosecution took place. The entire prosecution has been lodged with intention to defame the image of the applicant and is entire family members in the society. 4. Learned counsel for the applicant further submits that a dispute between the applicant and father of the victim was going on. In this regard, applicant had lodged an FIR against the father of the victim and others under sections 323,504 and 506 IPC. The present FIR has been lodged in retaliation of the said FIR against the applicant and his two sons, in which the victim made allegation of molestation against the applicant's son Sameem, who is named in the FIR. She made allegation of abusing, threatening and killing the father of the victim against the applicant and his son Naseem, who is also named in the FIR. The victim in her statement recorded under section 161 Cr.P.C. stated that applicant and his two sons and one Raja Babu assaulted the father and mother of victim with danda whereas the victim in her statement recorded under section 164 Cr.P.C. took somersault and made allegation of rape against the applicant and she also made allegation of molestation against coaccused Sameem, Naseem (sons of applicant) and one Raja Babu. She further stated that the applicant and his two sons named in the FIR and one Raja Babu assaulted the mother and father of the victim with danda and torn the clothes of the mother of the victim. 5. She further stated that the applicant and his two sons named in the FIR and one Raja Babu assaulted the mother and father of the victim with danda and torn the clothes of the mother of the victim. 5. Learned counsel for the applicant further submits that as per the version of FIR and statement of the victim recorded under section 161 Cr.P.C, there is no allegation of rape or molestation made by the victim against the applicant whereas she made allegation of rape against the applicant under section 164 Cr.P.C. There is vast contradiction in the FIR and the statements of the victim recorded under sections 161 and 164 Cr.P.C.Thus the entire prosecution story appears to be false and fabricated. 6. Learned counsel for the applicant further submits that the entire story narrated by the victim against the applicant in her statement recorded under section 164 Cr.P.C regarding allegation of rape got demolished after perusal of the medical report of the victim as the doctor opined therein that there is no sign of injury (use of force) and there is no sign of sexual assault clinically, however, possibility of sexual violence could not be ruled out and final opinion is pending. Learned counsel for the applicant argued that there is no FSL report on record. This fact has been confirmed by the learned AGA that investigating officer has not supplied the FSL report or pathology report. The doctor has also opined that there is no any external or internal injury found on the body of the victim. As per the medical report the age of the victim is 16-17 years, therefore, taking the benefit of two years on either side, she is major and knew her consequences very well. 7. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. It has also been pointed out that the accused is not having any criminal history and he is in jail since 22.9.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 8. Learned A.G.A.-1 opposed the prayer for bail and submitted that the applicant has committed heinous crime, hence the bail application of the applicant may be rejected. 9. 8. Learned A.G.A.-1 opposed the prayer for bail and submitted that the applicant has committed heinous crime, hence the bail application of the applicant may be rejected. 9. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, considering the fact that there is vast contradiction in the statement of the victim recorded under sections 161 and 164 Cr.P.C. and the version of FIR; medical report of the victim does not support the prosecution case as the doctor opined therein that there is no sign of injury (use of force) and there is no sign of sexual assault and till date as per the statement given by the learned AGA the FSL report and pathology report have not been supplied by the investigating officer and the same is not on record, further the doctor opined that there is no any external or internal injury found on the body of the victim; as per the medical report the age of the victim is 16-17 years, thus taking the benefit of two years on either side, she is major and knew her consequences very well, there appears force in the arguments of the learned counsel for the applicant that in retaliation of FIR lodged by the applicant against the father of the victim and others, the present FIR has been lodged against the applicant and his two sons levelling false allegation and further considering the larger mandate of Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail. 10. The prayer for bail is granted. The application is allowed. 11. State of U.P. and another, reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail. 10. The prayer for bail is granted. The application is allowed. 11. Let the applicant Salahuddin involved in Case Crime No.223 of 2021, under Sections 376,504,506 IPC and section 3/4 POCSO Act, 2012, Police Station Risiya, District Baharaich, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. (3) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (5) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under section 174-A of the Indian Penal Code. (6) The applicant shall remain present in person, before the trial court on the date fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. (8) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing. 12. (8) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing. 12. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of the applicant's bail. 13. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.