GAGAN MALHOTRA vs STATE GOVT OF NCT OF DELHI

Judgment text excerpt

$~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