IMPORTANT POINT
The presumption of innocence and the right to bail as a fundamental principle of criminal law, reinforced by the absence of corroborative evidence in the prosecution's case.

Headnote:
BAIL - CRIMINAL PROCEDURE - IPC SECTIONS 328, 376, 323, 344, 354-C, 384, 504, 506; CRPC SECTIONS 156(3), 164 - The court discussed the principles of bail, emphasizing the presumption of innocence and the right to life and liberty under Article 21 of the Indian Constitution. It highlighted that bail is the rule and imprisonment is the exception, requiring exceptional circumstances for denial. The court also referenced medical jurisprudence regarding the administration of chloroform and the lack of corroborative evidence in the prosecution's case, influencing its decision to grant bail.
Fact of the Case:
The applicant sought bail in a case involving serious allegations including intoxication and sexual assault against the informant, who claimed to have been rendered unconscious by the applicant. The applicant argued that the allegations were false and motivated by ulterior motives, citing a previous closure report in a related FIR.
Finding of the Court:
The court found that the prosecution's case lacked corroborative medical evidence and that the applicant had no significant criminal history. It noted the absence of exceptional circumstances warranting the denial of bail and emphasized the presumption of innocence.
Issues: Whether the applicant should be granted bail considering the serious nature of the allegations and the evidence presented.
Ratio Decidendi: The court reiterated the principle that bail is the norm and imprisonment is the exception, requiring a clear justification for denial. It also emphasized the importance of the presumption of innocence and the need for corroborative evidence in serious allegations.
Final Decision: The bail application was allowed, and the applicant was granted bail subject to certain conditions, including the requirement to not tamper with evidence and to appear before the trial court on specified dates.

JUDGMENT :

HON'BLE KRISHAN PAHAL

1. Heard Sri Sandeep Mishra, learned counsel for the applicant and Sri Amit Kumar, learned A.G.A. for the State and perused the material available on record.

2. Applicant seeks bail in Case Crime No. 63 of 2024, under Sections 328, 376, 323, 344, 354-C, 384, 504, 506 of I.P.C., Police Station -Dadri, District -Gautam Buddha Nagar, during the pendency of trial.

Prosecution Story:

3. The applicant is stated to have entered into corporeal relationship with the informant and had even performed fake marriage with her in the year 2022. The applicant is also stated to have concealed the fact that he already had two siblings from his first marriage.

4. It is alleged that the informant had earlier instituted the FIR No.474 of 2022, u/s 366 of IPC against him in which police filed a closure report on account of her own statement recorded u/s 164 Cr.P.C. The applicant is stated to have rendered the informant intoxicated and thereafter her statement has been recorded by the Magistrate. The applicant is even stated to have filed a habeas corpus Writ Petition No. 517 of 2023 before this Court although the same was dismissed.

5. The applicant had threatened the informant to make the indecent videos of her viral which he is stated to have recorded.

Arguments on behalf of applicant:

6. The applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed as it has been instituted after moving an application u/s 156(3) Cr.P.C. by the informant.

7. It is stated that the victim in her statement recorded u/s 164 Cr.P.C. has stated that she was under the influence of drugs at the behest of the applicant and has wrongly deposed before the Magistrate u/s 164 Cr.P.C. earlier on, as such, the said statement cannot be relied on. It is argued that the Magistrate is not an interested person and he would never record the statement of an intoxicated person.

8. As per the statement of the victim, she is major being 22 years of age, as such, at the time of offence, she was 20 years of age. The victim is a consenting party. It is further stated that earlier FIR was also found false by the police although the closure report is yet to be accepted.

9. The applicant has no other criminal history except the two FIR instituted by the same informant. There is no medical report to corroborate the prosecution story.

10. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

11. The applicant is languishing in jail since 28.02.2024, having no previous criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

Arguments on behalf of State:

12. The bail application has been opposed on the ground that the applicant had rendered the victim unconscious by putting his handkerchief soaked with chloroform on her nose and has committed the said offence although he could not dispute the fact that except two FIRs instituted by the same informant, there are no other criminal history of the applicant.

Conclusion:

13. As far as the fact of rendering a person unconscious by putting a handkerchief on her face is concerned, in the Modi's Medical Jurisprudence & Toxicology, Twenty-Second Edition (Student Edition) at page 511, it is observed as:

"……………… Concerning the administration of an anaesthetic drug, such as chloroform, it must be remembered that it is impossible to anaesthetise a woman against her will while she is awake. Even a skilled anaesthetist requires the help of one or two assistants to hold a patient forcibly down on the operating table during the first stage of anaesthesia, although the patient voluntarily inhales it for an operation. It i

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