The Delhi High Court declined to grant regular bail to Tauseif Khan, who is facing trial in a 2020 murder case involving the killing of a transgender person in East Delhi. The court noted that the prosecution’s case rests on a clear eyewitness account and that the trial is already at its final stage.
The order was passed by Justice Girish Kathpalia, who heard arguments from both sides before dismissing the bail plea filed by the accused.
The case arises out of FIR No. 304/2020, registered at Vivek Vihar police station, under Sections 302 (murder), 201 (causing disappearance of evidence), 120B (criminal conspiracy), and 34 (common intention) of the IPC.
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According to the prosecution, the incident took place in the presence of Poonam, a transgender person who later became the first informant. Another transgender person, Reshma, was allegedly stabbed multiple times and killed. The FIR names Tauseif Khan, along with his father and brother-in-law, as the assailants.
While Khan’s father was apprehended at the spot, Khan and his brother-in-law allegedly fled. Police later recovered knives said to have been used by all three accused.
Counsel for Tauseif Khan argued that his client had been falsely implicated and that the circumstances surrounding his arrest were doubtful. The defence pointed to what it described as contradictions and inconsistencies in the testimonies of witnesses examined so far during the trial.
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On the other hand, the State strongly opposed the bail plea. The Additional Public Prosecutor, assisted by the Investigating Officer, told the court that the key eyewitness, Poonam, had already been examined as PW-1 and had fully supported the prosecution’s version.
The prosecution also stressed that the trial was nearing completion, with only a few witnesses left to be examined.
Justice Girish Kathpalia said that at the stage of considering bail, the court cannot conduct a detailed examination of evidence or weigh contradictions in witness statements.
“If the evidence is minutely examined at this stage, either the prosecution or the defence would get prejudiced at the final stage of trial,” the judge observed.
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The court placed significant reliance on the fact that the FIR was lodged based on the account of an eyewitness who personally knew the accused.
Referring to Poonam’s role, the judge noted that she was not a stranger to the incident but the guru (guardian) within the transgender community. The court questioned why such a witness would falsely implicate the accused while shielding the real culprits.
The judge also recorded that Poonam had stood by her statement during trial and had strongly supported the prosecution’s case from the witness box.
Taking into account the eyewitness testimony and the advanced stage of the trial, the court held that it was not a fit case for grant of bail.
Accordingly, the bail application and the connected pending plea were dismissed. The court also directed that a copy of the order be sent to the concerned jail superintendent for communication to the accused.
Case Title: Tauseif Khan v. State (NCT of Delhi)
Case Number: Bail Application No.: 401/2026, Connected Application: CRL.M.A. 3103/2026
Date of Decision: 30 January 2026
