An FIR was filed on August 11, under relevant sections, on charges of rape, gang rape, causing hurt, etc. According to the complaint, the woman was invited to a party in Ashish’s neighbourhood, where she alleged that her drink was spiked. She claimed she lost consciousness, after which she was dragged to a washroom and gang-raped.

Police said that the woman had initially named other individuals but later revised her statement, accusing only Ashish of rape. Following his arrest, the Delhi Police had moved an application seeking a 5-day custody remand to investigate the case, including the recovery of the mobile phone, and to conduct a potency test of the accused. The application also sought to examine the role of the accused persons and to take them to Pune, Maharashtra.

On September 3, the Judicial Magistrate First Class (JMFC) Court at Tis Hazari granted four days of police custody to facilitate the investigation. He was to be produced before the court on September 7, but the police produced him a day earlier. The court had also allowed the potency test of Ashish.

During the hearing (on September 3), advocates Deepak Sharma, Rajan Oberoi, and Somesh Oberoi appeared for Ashish. It was argued that recovery of the mobile phone cannot be effected from the accused because, as per the status report, it was in possession of co-accused Kapil Gupta and Ritu Gupta. Advocate Deepak Sharma had argued that co-accused Kapil Gupta had already been granted anticipatory bail. Therefore, there is no requirement for the custody remand of Ashish. Kapil Gupta is a pilot, and Ritu Gupta is a businesswoman.

Ashish’s application for interim protection from arrest had become infructuous following his arrest in Pune.