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. 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 a