The court held that the custody of the Applicant is no longer required as the Chargesheet is filed, and the likelihood of influencing witnesses is minimal.

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral

1. First Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 [corresponding to Section 439 of the Code of Criminal Procedure, 1973 ( Cr.P.C )] has been filed by the Applicant/Gagan Malhotra seeking regular Bail in FIR No.683/2024, under Section s 376 /323/354/506/509/341 of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”) and Section 67 of the Information Technology Act, 2000 (hereinafter referred to as “IT Act”), registered at Police Station Paschim Vihar East, New Delhi.

2. It is submitted that the Applicant has clean past antecedents and has been falsely implicated in this case at the behest of Prosecutrix, who has concocted a false and misleading story by concealing material facts.

BAIL APPLN. 1587/2025 Page 1 of 8 Signature Not Verified Signed By:RITA

3. The Applicant is seeking regular Bail on the grounds that the present FIR is counter-blast filed with a motive to take revenge from the Applicant, who has lodged that FIR No.240/2024 under Sections 117(2)/351(2)/3(5)/61(2) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding to 325, 506, 34, 120B IPC ) against the Prosecutrix and her husband.

4. No Notice under Section 41A Cr.P.C . was served upon the Applicant and he was directly arrested from his house in Punjab. Investigations are complete, Chargesheet has also been filed and custody of the Applicant is no longer required.

5. It is further submitted that the Applicant was a close relative of the Prosecutrix’s husband and was helping him in his business and also in paying back his loan amount. The Applicant was financially helping the family of the prosecutrix by taking care of her children’s school fee, house rent and other personal expenses as the Prosecutrix’s husband was not financially sound.

6. The Prosecutrix used to voluntarily send obscene images and videos to the Applicant. There is nothing to show from these alleged photos that the Prosecutrix was under any threat or fear; rather the photos only reflect that act of the Prosecutrix is voluntarily with her own free will and free consent.

The analysis of the alleged photos and videos show them to be consensual.

7. Furthermore, the Prosecutrix used to discuss with the Applicant about their future relationship and also about buying a house with the Applicant, thereby indicating that the relationship was consensual, as per the case of the prosecution.

BAIL APPLN. 1587/2025 Page 2 of 8 Signature Not Verified Signed By:RITA

8. There is no medical or other evidence to support the alleged allegations of rape having been committed by the Applicant. There was an inordinate delay of about 02 years in lodging the present FIR as the alleged incident is dated 01.01.2023, whereas the FIR has been registered on 01.12.2024. There is no explanation given for such inordinate delay in lodging the complaint, which shows that it is an afterthought and is mala fide.

9. The Discharge Summary of the Prosecutrix shows that on 25.11.2023, she had fallen from stairs at home, because of which she had suffered injuries and was hospitalized for 05 days. There is no police complaint as to the alleged injury, which falsifies the Prosecution version that she was beaten by the Applicant resulting injuries to her body.

10. The Prosecutrix has further made absurd allegations that she was confined for 20 days by the Applicant. If so was the case, why did her husband not take any action against the Applicant.

11. The Prosecutrix has financially exploited the Applicant and has dishonestly induced him to pay over Rs.14 lakhs for her family and other expenses and also for renovation of the house of Applicant on the pretext she has good knowledge about interiors and will make arrangements for the material, but the Prosecutrix neither provided the material nor returned the money to the Applicant.

12. As per the Pr