HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28479 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ajay Vikram Yadav, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 303 of 2025, under Sections 87, 123 B.N.S., Police Station- North, District- Firozabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The victim is a consenting party as is but evident from that fact that she had gone with the applicant all the way to Ahmedabad, Gujarat and had not raised any alarm whatsoever. 5. Learned counsel for the applicant has further stated that the allegations of applicant having rendered her unconscious by putting clothes on her face cannot be relied in the light of observations in Modi’s Medical Jurisprudence & Toxicology, Twenty-Second Edition (Student Edition) at page 511, which is being reproduced as under: “……………… 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 Versus Counsel for Applicant(s) : Ajay Vikram Yadav, Devendra Singh Counsel for Opposite Party(s) : G.A. Deepanshu Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) forcibly down on the operating table during the first stage of anaesthesia, although the patient voluntarily inhales it for an operation. It is also impossible for an inexperienced man to anaesthetise a sleeping person without disturbance, so as to substitute artificial sleep for natural sleep. Hence the story often published in the lay press of a woman having been rendered suddenly unconscious by a handkerchief soaked in chloroform held over her face and then raped is not to be believed. It must be borne in mind that a woman, especially of an excitable and emotional temperament, during the stage of anaesthesia, might get a dream or hallucination that she has been raped, and may insist on the belief after the effects of anaesthesia have passed off, so that she brings an accusation of violation against her medical attendant. …………”. 6. It is further argued by learned counsel for the applicant that the victim is major aged about 20 years. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 11.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that victim is major and she had not raised any alarm whatsoever during the said sojourn, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Deepanshu Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. BAIL No. 28479 of 2025 2 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 10, 2025 Vikas Verma BAIL No. 28479 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad