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Delhi High Court
Gagan Malhotra vs State Govt Of Nct Of Delhi on 25 July, 2025
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 25th July, 2025
+ BAIL APPLN. 1587/2025, CRL.M.A. 12535/2025
GAGAN MALHOTRA .....Petitioner
Through: Ms. Dolly Sharma, Advocate.
versus
STATE GOVT OF NCT OF DELHI .....Respondent
Through: Mr. Shoaib Haider, APP for the State
with Insp. Manoj Kumar and SI Amit
Rathee P.S. Paschim Vihar.
Mr. Lokesh Nath Jha, Mr. Kashish,
Ms. Aditi, Mr. Hunny, Advocates
along with Complainant in person.
CORAM:
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
Sections 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
SHARMA
Signing Date:29.07.2025
17:23:57
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
SHARMA
Signing Date:29.07.2025
17:23:57
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 Prosecution, the Applicant transferred Rs.14,26,436/- into
her account. When the Applicant demanded return of the money from the
Prosecutrix, he was severely beaten and manhandled on 02.08.2024. He
sustained multiple injuries including a fractured leg and jaw and was
BAIL APPLN. 1587/2025 Page 3 of 8
Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:29.07.2025
17:23:57
hospitalized. He consequently, got an FIR No.240/52024 dated 21.10.2024
registered at Police Station Jamalpur, under Sections 117(2)/351(2)/3(5)/
61(2) of BNS, against the Prosecutrix.
13. It is further submitted that as per the Prosecution, the daughter of the
Prosecutrix did not disclose anything pertaining to sexual offence on her by
the Applicant, which falsifies the story of the Prosecutrix that he used to
touch her daughter inappropriately and used to show her obscene videos.
This shows that the Prosecutrix can go to any extent to even involve her
minor daughter in order to drag the Applicant into false cases.
14. The Prosecutrix has not only mentally, emotionally and financially
ruined the Applicant’s life but also sabotaged his marriage by sharing edited
content with his wife, thereby causing severe mental trauma and eventual
breakdown of his marriage. Now, by way of the present FIR the Prosecutrix
is trying to ruin Applicant’s complete life and his image and reputation
among his friends, relatives and society.
15. The Police has failed to obtain the CCTV footage of all alleged places
in order to corroborate the version of the Prosecution version. Public
witnesses have not been joined at the time of alleged arrest of the Applicant,
nor any Notice was issued to the public, which creates doubt about the
fairness of investigation and shows that the Applicant has been falsely
implicated.
16. The Regular Bail Application filed before the learned ASJ has been
dismissed vide Order dated 03.04.2025, therefore, the Prayer has been made
that the Applicant be granted bail.
17. Status Report on behalf of the State has been filed in the Court
BAIL APPLN. 1587/2025 Page 4 of 8
Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:29.07.2025
17:23:57
today, which is taken on record.
18. The Status Report details the entire investigation carried out in the
present case. It has been explained that the mobile phones of the Applicant
as well as the Prosecutrix, have been seized. A private photograph has been
uploaded by the Applicant on the Facebook, which was recovered from the
gallery of his phone. The WhatsApp analysis reveals offensive messages
exchanged between the Applicant and the Prosecutrix. Some chats show
discussion of the relationship and purchase of house. The Applicant’s phone
contains obscene photographs and videos of himself and the Prosecutrix.
19. Furthermore, Notices were served to the Equitas Bank and Central
Bank of India, Paschim Vihar and it has been confirmed that Rs.14,26,436/-
were transferred to the account of the Prosecutrix and her husband, from the
bank account of the Applicant. Additionally, Rs.36,270/- were transferred by
the Prosecutrix to the account of the Applicant.
20. The statement of the daughter of the Prosecutrix has also been
recorded under Section 180 BNSS (corresponding to Section 161 Cr.P.C),
wherein she had stated that the Applicant had stayed in their house for about
04 years and he had verbally abused her mother by using derogatory terms.
He sent her inappropriate messages of photos of girls and asked vulgar
questions. He threatened to defame the family by using the photos of the
Prosecutrix posted on Facebook.
21. After completion of the investigation, the Chargesheet has been filed
in the Court under Sections 376/323/354(C)/506/509/341 IPC and Section
67 IT Act.
22. The case is at the stage of Charge before the learned Trial Court.
BAIL APPLN. 1587/2025 Page 5 of 8
Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:29.07.2025
17:23:57
23. Bail is opposed on the ground that the allegations are serious in nature
and there are apprehensions that the Applicant may influence the witnesses
during the trial.
Submissions heard and record perused.
24. As per the Complaint on which FIR was registered, the Applicant had
been staying in the house of the Prosecutrix and used to visit the house to
assist her husband in business and also help in clearing the bank loans
difficulties, which were being faced by her husband. Initially, the Applicant
assisted the Prosecutrix in household chores and also helped her children
with their studies.
25. In 2022, the Applicant got married and moved to Punjab with his
wife. Even thereafter, he used to maintain daily contact with the Prosecutrix
and frequently discuss his marital issues and seek advice for improving his
relationship with his wife. However, because of matrimonial differences, his
wife left him within three months of marriage.
26. Initially, when the Applicant came back from Punjab, his behavior
was polite to her and her family and he helped them in daily activates while
staying with them. He repeatedly assured that he considered the Prosecutrix
as his sister-in- law and her daughter as his own daughter, and assured that
he did not have any malicious intentions. However, he stated secretly taking
obscene photos of the Prosecutrix while she was in the washroom, without
her knowledge, to sexually exploit her. The Applicant also entered her room
without permission, when she was alone at home. He even misbehaved and
attempted to touch the Prosecutrix inappropriately and threatened to expose
her photographs. He also blackmailed her with obscene imaged. He engaged
BAIL APPLN. 1587/2025 Page 6 of 8
Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:29.07.2025
17:23:57
in inappropriate conversation with various girls and women on social media
and networking sites through fake accounts.
27. In January, 2023, when the Prosecutrix was alone at home, he silently
entered the room and grabbed and kissed her forcefully without her consent.
Thereafter, removed her cloths and tried to physically assault her and even
established physical relationship. He continued to exploit her on the pretext
of obscene photos and also use derogatory language. He even manipulated
the son of the Prosecutrix against her and her husband by telling him that his
father was incapable of doing anything. When the Prosecutrix refused to
leave her husband, he started blackmailing her by sending her obscene
photos and started demanding money under the threat of posting obscene
content on social media. He did not stop texting her on WhatsApp and when
she blocked him on WhatsApp, he started texting her on PhonePe, Google
Pay and continued to demand money in lieu of obscene pictures. He also
threatened to destroy her entire family. Eventually, she got the FIR
registered on 01.12.2024.
28. From the allegations made in the Complaint, apparently, the
Applicant was known to the Prosecutrix and her family, because he had
stayed in their house. Though the allegations have been made that obscene
photos and videos were prepared, but as has been noted there was nothing to
prima facie show that they had been made involuntarily.
29. Without commenting on the merits of the case, it may be observed
that the Chargesheet has already been filed and custody of the Applicant is
no longer required.
30. Looking at the totality of circumstances, it is evident that there is
BAIL APPLN. 1587/2025 Page 7 of 8
Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:29.07.2025
17:23:57
neither any likelihood of the Applicant fleeing from justice or of influencing
the witnesses. Considering the totality Applicant is granted Bail on the
following terms and conditions:
a) The Applicant/Accused shall furnish a personal bond of
Rs.35,000/- each and one surety of the like amount each, subject to
the satisfaction of the learned Trial Court.
b) The Applicant/Accused shall appear before the Court as and
when the matter is taken up for hearing;
c) The Applicant/Accused shall provide their mobile
number/changed mobile number to the IO concerned which shall be
kept in working condition at all times;
d) The Applicant/Accused shall not indulge in any criminal
activity and shall not communicate or intimidate the witnesses.
e) In case the Applicant/Accused change their residential
addresses, the same shall be intimated to learned Trial Court and to
the concerned I.O.
31. The copy be sent to the learned Trial Court and Jail Superintendent
for information and compliance.
32. The Bail Application along with pending Application(s), if any, is
disposed of accordingly.
(NEENA BANSAL KRISHNA)
JUDGE
JULY 25, 2025/R
BAIL APPLN. 1587/2025 Page 8 of 8
Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:29.07.2025
17:23:57
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