JUDGMENT : Saurabh Lavania, J. 1. Rejoinder affidavit filed today is taken on record. 2. As per office report dated 24.04.2024, service upon respondent no.2 is deemed to be sufficient but today, when the case was called out, no one appeared on behalf of respondent no.2. In the aforesaid background of the case, this Court proceeded to hear and decide the appeal finally. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order 22.09.2023 passed by Special Judge, SC/ST Act, Lakhimpur Kheri, in Bail Application No. 456 of 2023, arising out of F.I.R/ Case Crime No. 208 of 2023, under Sections 376, 323, 504, 506 I.P.C. and Section 3(1)2, 3(1)dha, 3(1)v of SC/ST Act, Police Station-Kotwali Uchauliya, District- Lakhimpur Kheri. 4. Heard counsel for the appellant and learned A.G.A. for the State. 5. While pressing the present appeal, counsel for the appellant submits that the appellant has falsely been implicated in the present case and in fact no offence has been committed by the appellant and despite this, the appellant, having no criminal history, is in jail since 31.07.2023. 6. It is further stated that the victim and the appellant were having affair and this affair came to the knowledge of the family members of the victim and as this relationship was not acceptable to the family members of the victim and therefore to teach the lesson to the appellant, the father of victim after due consultation preferred an application under Section 156(3) CrPC, levelling false allegations therein, after a delay of about three weeks from the date of coming to know about the relationship of appellant and victim and thereafter in compliance of the order of the competent court of jurisdiction, the F.I.R. was lodged on 17.07.2023. 7. It is further stated that under pressure, the victim made her statement before the investigating officer as also before the court concerned, as required under Section 161 & 164 CrPC. 8. 7. It is further stated that under pressure, the victim made her statement before the investigating officer as also before the court concerned, as required under Section 161 & 164 CrPC. 8. In continuation, it is stated that as per the statement of the victim under Section 161 CrPC, the appellant made physical relationship with the victim, aged about 20 years, but at this stage the victim has not levelled any allegation that the appellant committed rape in the open place or in the sugarcane field and before the court concerned, the victim under pressure indicated that the appellant committed rape with her in the sugar cane field. 9. It is further stated that a conjoint reading of the contents of the F.I.R. wherein several other allegations have been levelled including that at gun-point, the appellant committed rape with her and the statements of victim under Sections 161 & 164 CrPC would indicate that the story of the prosecution is not intact and a false F.I.R. was lodged only to teach the lesson to the appellant for having relationship with the victim which was not acceptable to the family members of the victim. 10. It is further stated that the appellant made physical relationship with the victim with her consent and this consent cannot be said to be unlawful as the victim at relevant point of time was major as per own story of prosecution including the age indicated by the victim herself before the Court concerned and in this regard, the appellant has also brought on record the Transfer Certificate (T.C.) of the issued by the school, which is annexed as Annexure No.7 to the present appeal. 11. It is further submitted that a perusal of the statements of independent witnesses, namely Jagdish and Ajay Singh, which is on record, also proves that the appellant and the victim were having affair. 12. Learned A.G.A. vehemently opposed the prayer for bail but he could not dispute the contention of counsel for the appellant. 13. Considered the arguments advanced by the learned counsel for the appellant and learned A.G.A. for the State and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents on record. 14. 12. Learned A.G.A. vehemently opposed the prayer for bail but he could not dispute the contention of counsel for the appellant. 13. Considered the arguments advanced by the learned counsel for the appellant and learned A.G.A. for the State and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents on record. 14. Upon due consideration of the aforesaid, including the age of the victim, statements of the victim, statements of independent witnesses and the facts pertaining to criminal history of the appellant, this Court is of the view that the present appeal is liable to be allowed and impugned order is liable to be set aside and the appellant is entitled to be enlarged on bail. Accordingly, the present appeal is allowed. 15. In view of the aforesaid, order dated 22.09.2023 passed by Special Judge, SC/ST Act, Lakhimpur Kheri, in Bail Application No. 456 of 2023, arising out of F.I.R/ Case Crime No. 208 of 2023, under Sections 376, 323, 504, 506 I.P.C. and Section 3(1)2, 3(1)dha, 3(1)v of SC/ST Act, Police Station-Kotwali Uchauliya, District-Lakhimpur Kheri, is hereby set aside and the appeal is allowed. 16. Let appellant Rohit Singh, be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions : (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence.(v) The appellant 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 or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 17. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 17. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass order(s) in accordance with law. 18. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order.