Facts
The applicant sought bail in FIR No. 1140/2025 registered at Police Station Karol Bagh for offences under Sections 69, 64(1), 79, 75(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Source reference: p.1, para.1The prosecutrix alleged that she met the applicant through a matrimonial website in October 2024, after which he induced her into sexual relations on assurances of marriage, repeatedly deferred the marriage, and later threatened her with circulation of obscene photographs.
Source reference: pp.3–5, paras.5.1–5.5During investigation, the prosecution alleged that the applicant had created and operated nine matrimonial profiles using different names, particulars, mobile numbers and email IDs, including one profile representing himself as a woman.
Source reference: p.5, para.6A witness from the matrimonial website, examined as PW-5, allegedly proved that the profiles had been created by the applicant.
Source reference: p.5, para.6The prosecutrix also produced an audio recording in which the applicant allegedly admitted having cheated other women and having taken her objectionable photographs; the State subsequently sought forensic examination of the recording.
Source reference: pp.2, 6, paras.2.1, 7The applicant relied on the pendency of only the Investigating Officer’s evidence, delay in the FSL report, his period of custody since 6 November 2025, and his family responsibilities.
Source reference: p.2, para.3The State opposed bail, describing the applicant as a “dangerous predator” and contending that further victims might emerge after the FSL report.
Source reference: p.3, para.4Issues
Whether, in view of the allegations, the evidence collected during investigation, and the applicant’s alleged operation of multiple matrimonial profiles, the applicant should be released on bail.
Source reference: pp.2–6, paras.3–8Whether the pendency of the trial, the applicant’s period of incarceration, the alleged delay in obtaining the FSL report, and the fact that only the Investigating Officer remained to be examined justified the grant of bail.
Source reference: pp.2–3, paras.3–4Whether the pending forensic examination of the audio recording and the possibility of further victims militated against the grant of bail.
Source reference: pp.2, 6, paras.2.1, 4, 7Law Applied
The Court considered the applicant’s entitlement to bail in the context of the offences alleged under Sections 69, 64(1), 79, 75(2) and 351(3) of the BNS.
Source reference: p.1, para.1The governing principle was the discretionary assessment of bail by evaluating the seriousness and prima facie strength of the allegations, the material collected during investigation, the possibility of repetition of alleged conduct, and the risk of absconding or otherwise prejudicing the proceedings.
Source reference: pp.3–6, paras.4, 6–8The Court also treated the evidentiary value of the matrimonial-website records, the testimony of PW-5, and the proposed forensic examination of the audio recording as relevant factors at the bail stage, while expressly clarifying that its observations would not prejudice the applicant or the prosecutrix at trial.
Source reference: pp.5–6, paras.6–10Reasoning
The Court found that the allegations were not confined to a single disputed promise of marriage.
Source reference: pp.3–5, paras.5.1–5.5The prosecutrix’s account alleged repeated sexual relations induced by assurances of marriage, followed by blackmail through obscene photographs.
Source reference: pp.3–5, paras.5.1–5.5More significantly, the prosecution produced prima facie material that the applicant had created nine distinct matrimonial profiles with varying identities and particulars, including a profile portraying him as a woman; PW-5 had allegedly proved the applicant’s connection with those profiles.
Source reference: p.5, para.6The alleged audio admission, though still requiring forensic examination, further strengthened the prosecution’s opposition to bail because it purportedly concerned similar cheating of other women and the applicant’s possession of the prosecutrix’s objectionable photographs.
Source reference: pp.2, 6, paras.2.1, 7Against this material, the Court held that the applicant’s custody, family responsibilities, and the advanced stage of trial did not outweigh the seriousness of the allegations, the possibility of absconding, and the State’s assertion that additional victims might emerge.
Source reference: pp.2–3, paras.3–4Accordingly, the Court declined to grant bail while leaving the trial court free to assess the evidence independently.
Source reference: p.6, paras.8–10Holding
The Court answered the bail question against the applicant and held that this was not a fit case for release on bail, primarily because of the serious allegations, the prima facie evidence regarding multiple matrimonial profiles, the alleged pattern of conduct, and the pending forensic examination of the audio recording.
The bail application was dismissed, and a copy of the order was directed to be sent to the concerned Jail Superintendent for communication to the applicant.
Source reference: p.6, paras.8–9The Court clarified that none of its observations would prejudice either side and that the trial court must independently assess the evidence at the stage of final arguments.
Source reference: p.6, para.10Acts & Sections Cited
5 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nyaya Sanhita, 20235
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Gaurav JaiswalvsThe State (Nct Of Delhi)
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