Gaurav Jaiswal vs The State (Nct Of Delhi)

Court
Delhi High Court

$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.09.2026

# CNR No. DLHC010270202026
+ BAIL APPLN. 2388/2026
GAURAV JAISWAL .....Petitioner
Through: Ms. Rakhi Dubey and Mr. Bipin
Dubey, Advocates.

versus

THE STATE (NCT OF DELHI) .....Respondent
Through: Mr. Amol Sinha, ASC with WSI
Shruti Saini with IO/SI Kajal Tyagi.
Mr. Vineet Malhotra, Advocate
( through video conferencing ) for
prosecutrix.
Prosecutrix in person.





CORAM: JUSTICE GIRISH KATHPALIA


J U D G M E N T (ORAL)

1. The accused/applicant seeks bail in case FIR No. 1140/2025 of PS
Karol Bagh for offence under Section 69/64(1)/79/75(2)/351(3) of BNS.

2. Broadly speaking, the allegation against the accused/applicant is that
he raped the prosecutrix under false promise of marriage; and that he floated
as many as 09 different profiles on the matrimonial website, one of which

BAIL APPLN. 2388/2026 Page 1 of 6 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.09.22 17:07:58 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:22.09.2026
17:12:50

profiles was to the extent of declaring himself a girl. Further, in one of those
profiles, the accused/applicant went on to mention that the age of the desired
partner can be from 18 years to 61 years, which also reflects his intentions.

2.1 On last date, it was submitted by learned APP during arguments that
before the prosecutrix in an audio recording, the accused/applicant admitted
having cheated a number of girls in a similar manner and also admitted
having clicked obscene pictures of the prosecutrix. The said confessional
audio recording which was handed over by the prosecutrix to the IO has now
been presented before the trial court with the request for directing forensic
analysis of the same.

2.2 Today, I have heard learned counsel for the accused/applicant and
learned ASC for State as well as learned counsel for prosecutrix.

3. Learned counsel for accused/applicant submits that there is no cogent
material to show that it is the accused/applicant who had created those 09
different profiles on the matrimonial website. It is also contended that the
trial is at fag end and now only the IO remains to be examined but the trial is
held up on account of delay in filing of the FSL report pertaining to the
mobile phone of the accused/applicant. It is contended that the
accused/applicant has a family to support and is facing incarceration since
06.11.2025. It is also contended by learned counsel that the prosecutrix is a
grown up lady and it cannot be believed that she was induced into sexual

BAIL APPLN. 2388/2026 Page 2 of 6 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e26
fa, cn=GIRISH KATHPALIA
Date: 2026.09.22 17:07:48 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:22.09.2026
17:12:50

relationship on any false matrimonial promise.

4. On behalf of State, learned ASC has appeared to oppose this bail. On
instructions of the new IO/SI Kajal Tyagi, it is explained by learned ASC
that the accused/applicant is a dangerous predator, who has been cheating a
number of girls by floating different profiles of vast ranges of age,
occupation and qualification. It is further explained by learned ASC that
many of the victims of the accused/applicant expressed reluctance to come
in open but once the FSL report comes out, there shall be more complainants
in this case. Learned ASC submits that this is not at all a fit case to grant bail
to the accused/applicant, especially because the trial is at fag end so if
granted bail, he would abscond. It is also explained by learned ASC that the
previous IO, for reasons known to her did not take appropriate steps in
investigation and also did not send the audio recorded confession of the
accused/applicant for forensic analysis, which is the reason the IO was
changed after submissions made by learned APP on last date before this
Court.

5. The FIR in the present case was registered on 22.09.2025 on the
complaint of the prosecutrix in which she narrated the incident as follows.

5.1 The prosecutrix met the accused/applicant in the month of October
2024 through a well known matrimonial website and they exchanged their
contact numbers. The accused/applicant agreed to get married to her after he

BAIL APPLN. 2388/2026 Page 3 of 6 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.09.22 17:07:38 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:22.09.2026
17:12:50

was told about her previous divorce. Thereafter, they started meeting each
other, so that they could know each other closely before getting married.

5.2 On 15.12.2024, the accused/applicant called the prosecutrix to
Humayun Tomb for meeting and from there he took her to Hotel Anand,
Karol Bagh, Delhi and insisted to have sexual relations with her. The
prosecutrix refused to indulge in sex before marriage, but the
accused/applicant took her into confidence and assured that they would
spend entire life together. In this manner, the accused/applicant induced the
prosecutrix and they entered into sexual relationship.

5.3 Again on 22.12.2024, the accused/applicant called the prosecutrix to
Birla Mandir and then took her to Hotel Silver Palace, Paharganj, where he
again sexually assaulted her on the pretext of getting married. Thereafter
also, the accused/applicant continued to indulge in sexual relations with the
prosecutrix on the pretext of getting married. But the accused/applicant
continued to defer their marriage for one or the other reason.

5.4 Not just that, the accused/applicant also insisted that the prosecutrix
should agree for a threesome sexual relation, for which she firmly refused.

5.5 On 03.08.2025, the accused/applicant called the prosecutrix to discuss
about their marriage, but showed her the obscene photographs of hers, and
blackmailed her, because of which she accompanied him to Hotel Ratiram

BAIL APPLN. 2388/2026 Page 4 of 6 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.09.22 17:07:29 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:22.09.2026
17:12:50

Palace, where he again indulged in sex with her threatening to circulate
those photographs.

6. During the course of investigation, it came to light that the
accused/applicant had created and operated 09 different profiles on the said
matrimonial website using different names, particulars, mobile phone
numbers and email IDs. Those profiles have been enlisted at page 03 of the
status report dated 14.08.2026. As mentioned above, those profiles are of
different ranges of age, different ranges of qualification and different ranges
of occupation/income, which prima facie lends credence to the argument of
learned ASC that the accused/applicant is a predator of innocent girls. Not
only this, one of the profiles created by the accused/applicant is of a girl, to
whom he named Sweta Sharma. All those profiles were created by the
accused/applicant using his mobile phone number and his email IDs. The
prosecution has examined a witness (PW-5) from the said matrimonial
website before the trial court, who has proved that all those distinct profiles
were created by the accused/applicant.

7. Further, as observed on last date, the accused/applicant had admitted
having clicked objectionable pictures of the prosecutrix and having cheated
a number of girls in similar manner. That admission made by the
accused/applicant before the prosecutrix was audio recorded by her and she
gave that recording to the earlier IO, but for reasons best known to her, the
IO did not make that audio recording part of the chargesheet and did not

BAIL APPLN. 2388/2026 Page 5 of 6 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26f
a, cn=GIRISH KATHPALIA
Date: 2026.09.22 17:07:15 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:22.09.2026
17:12:50

send the same to the FSL. It is after last date that the IO was changed and
now, as informed today, the State has moved an application before the trial
court seeking forensic analysis of that audio recording.

8. Considering the above circumstances, I do not find it a fit case to
grant bail. The bail application is dismissed.

9. Copy of this order be sent to the concerned Jail Superintendent for
being informed to the accused/applicant.

10. Nothing observed herein shall be read to the prejudice of either side
and the learned trial court at the stage of final arguments shall take
independent view on the basis of evidence adduced.

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.09.22 17:06:36 +05'30'
GIRISH
KATHPALIA
GIRISH KATHPALIA
(JUDGE)
SEPTEMBER 22, 2026/ ry

BAIL APPLN. 2388/2026 Page 6 of 6 pages
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:22.09.2026
17:12:50