Where serious allegations of non-consensual sexual activity and digital extortion are supported by forensic and documentary corroboration, and where crucial evidence remains to be recovered, the court must prioritize the integrity of the ongoing investigation and the safety of the victim over the applicant's liberty.

JUDGMENT :

SWARANA KANTA SHARMA, J.

1. The applicant has approached this Court seeking grant of regular bail, in case arising out of FIR bearing no. 637/2025, registered at Police Station Rajouri Garden, Delhi, for the commission of offences punishable under Sections 64(1)/351(3) of the Bharatiya Nyaya Sanhita, 2023 [hereafter "BNS"].

2. Briefly stated, the case of the prosecution is that the prosecutrix, Ms. “R”, had filed a written complaint dated 20.12.2025 alleging that in August 2025, she had mistakenly transferred an amount of Rs.12,000/- to the account of the present applicant/accused Gagan Khanna. Thereafter, during subsequent conversations, the accused had allegedly represented himself to be a person having influential contacts in various Government Ministries, and had assured the prosecutrix that he would arrange a Government job for her. It has been alleged that after gaining her confidence, the accused had called her on 25.09.2025 to Hotel Saga, Green Park, New Delhi, where he had introduced her to another person claiming to be a Deputy Secretary in the Union Ministry of Information and Broadcasting, Delhi. Both of them had allegedly demanded an advance amount of Rs.1,00,000/- for securing employment in All India Radio, Delhi, pursuant to which the prosecutrix had paid an amount of Rs.50,000/-, on two prior occasions. It is further alleged that on 17.10.2025, the accused had again called the prosecutrix to Hotel Wood Castle Grand, Tagore Garden, Delhi, for the payment of the remaining amount. While she was waiting in a hotel room, the accused had allegedly offered her a soft drink, after consuming which, she had lost consciousness. Upon regaining her consciousness, she had allegedly found herself to be naked, and the accused had shown her a video which had the recording of the accused forcefully establishing physical relations with the prosecutrix. The accused had then used the same to threaten, coerce, and blackmail the prosecutrix to make such content viral on social media platforms. On the basis of the said allegations, the present FIR under Sections 64(1)/351(3) of the BNS was registered on 23.12.2025, and the accused was apprehended on 23.12.2025.

3. As per status report placed on record, during the course of investigation, the presence of the accused and the prosecutrix at Hotel Wood Castle Grand, Tagore Garden, Delhi, was verified from the hotel entry register, IDs submitted at the time of check-in/check-out, and statements of the hotel staff. The investigation conducted at Hotel Saga, Green Park had also confirmed the presence of both the prosecutrix and the accused through the hotel records, submitted IDs, statement of the hotel manager, and mobile location analysis. The statement of the prosecutrix under Section 183 of BNSS was also recorded on 07.01.2026, wherein she had disclosed that she had met the accused on 10.09.2025 and 20.09.2025 prior to their meeting at Hotel Saga, Green Park, New Delhi on 25.09.2025. The mobile location analysis of both the prosecutrix and the accused had also revealed, during the course of investigation, that they were present in close proximity at the relevant time. The prosecutrix further disclosed in her statement, that on 25.09.2025, she had met the accused at Hotel Saga, Green Park, Delhi, where the accused had introduced her to one “Sardar Ji” in connection with arranging a job in All India Radio, and based on the said assurance, she had handed over Rs.50,000/- in cash to the accused. The prosecutrix further alleged that the accused had deliberately instructed her to communicate with him only through F