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High Court Denies Bail in Heinous Child Sexual Assault and Murder Case

Shivam Y.

Delhi High Court rejects bail of Rajab Ali Khan in 2018 minor rape and murder case. Court cites strong forensic, medical, and CCTV evidence supporting prosecution.

High Court Denies Bail in Heinous Child Sexual Assault and Murder Case

The Delhi High Court has rejected the bail application of Rajab Ali Khan, who stands accused of the rape and murder of a minor girl in 2018. Justice Swarana Kanta Sharma dismissed the plea, citing strong medical, forensic, and electronic evidence linking the accused to the crime.

Read in Hindi

“...in view of the gravity of the allegations, the heinous and brutal nature of the offence, and the strong prima facie material... this Court finds no ground to grant bail,”
— Justice Swarana Kanta Sharma

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On 22 October 2018, a 10–12-year-old girl went missing after going to Rajab Ali’s residence for tuition. Her body was recovered six days later from Biodiversity Park, Wazirabad. The FIR, initially registered for kidnapping, was later expanded to include rape, murder, destruction of evidence, and POCSO Act offences.

The Court noted that the accused and his wife allegedly lured the girl under the guise of Namaz tuition, sedated her, and subjected her to repeated sexual assaults. As her condition worsened, fearing exposure, the accused allegedly murdered her by smothering.

“Genital injuries, including vaginal and anal tears... confirm violent and repeated sexual abuse,”
— Post-Mortem Report

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The evidence presented included:

  • CCTV footage showing Rajab Ali carrying a suitcase at the location where the victim’s body was found.
  • The mother’s testimony confirming the child was last seen with the accused.
  • FSL reports linking recovered plastic bags, clothing, and handkerchiefs to those found at the accused’s home.
  • Chemical analysis of recovered tablets confirmed presence of Clonazepam, a sedative believed to be used on the victim.

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“The circumstances form a tight and coherent evidentiary chain... all pointing towards his direct and active role,”
— Delhi High Court

The accused's 12th bail application was dismissed despite his claim of false implication and seven years in judicial custody. The Court emphasized that the chain of evidence was not only complete but clearly incriminating.

The bench also referred to the Supreme Court's ruling in X v. State of Rajasthan (2024 SCC OnLine SC 3539), noting that courts must be cautious in granting bail in serious crimes like rape and murder, especially after the trial has commenced.

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The Court directed the Trial Court to expedite the recording of evidence, as 14 of 36 witnesses had already supported the prosecution’s case.

“The stage is not ripe for bail... the material on record weighs heavily against the applicant,”
— Delhi High Court

The bail application, along with all pending applications, was dismissed.

Title: Rajab Ali Khan v. State of NCT of Delhi