"Trying His Luck": Delhi HC Slams Gang Rape Convict's Endless Bail Games, Hits with Costs

In a pointed rebuke against judicial gamesmanship, the Delhi High Court dismissed yet another interim bail application by Rajan , a convicted gang rapist serving a 20-year sentence. Justice Chandrasekharan Sudha ruled the plea—citing his mother's gallbladder surgery—as the latest in a "clear abuse of the process of the court ," imposing ₹25,000 costs payable to the Delhi High Court Legal Services Committee.

The Dark Crime That Started It All

The saga traces back to the night of June 21-22, 2010, in Tughlakabad Extension, New Delhi. Rajan (Accused No. 1) and a co-accused allegedly wrongfully confined a 14-year-old victim , criminally intimidated her, and committed gang rape . Convicted in 2019 by the Additional Sessions Judge (ASJ-07, POCSO), South-East District, Saket Courts, Rajan was sentenced under Sections 376(2)(g) (gang rape), 342 (wrongful confinement), and 506 (criminal intimidation) read with 34 IPC to 20 years' rigorous imprisonment, with concurrent fines.

Since appealing his conviction via CRL.A. 1195/2019 , Rajan has flooded the High Court with applications under Section 389 CrPC for suspension of sentence. This latest CRL.M.(BAIL) 920/2026 , filed for eight weeks to aid his mother's May 9, 2026 surgery, was just the newest ploy.

A Laundry List of Desperate Excuses

Rajan argued he is the "only son" with no family support, attaching medical reports for his mother's cholelithiasis (gallbladder stones) . His counsel, including Mr. Shannu Baghel, stressed urgency for pre- and post-operative care.

The State, via Additional Public Prosecutor Mr. Utkarsh and victim's counsel led by Mr. Harsh Prabhakar (DHCLSC), cried foul. They cataloged Rajan's history: over a dozen applications since 2019, many on the exact same surgery ground , repeatedly withdrawn when denied, and marred by non-surrenders. Hospitals like Hamdard Institute and Dr. Ram Manohar Lohia featured in pleas, but surgeries mysteriously never happened—tests skipped, vitals off, funds lacking.

Notable flops: - 2019-2020 : Bail for initial surgery; extended but non-surrender led to warrants. - 2021 : Pregnancy plea for wife; again, no surrender, arrested in 2022. - 2022-2023 : Daughter's first birthday, school admissions—dismissed or withdrawn. - 2023-2025 : More surgery bids, granted intermittently but extended via excuses.

The APP highlighted this as lacking "bona fides," a bid to dodge jail.

Unmasking the Pattern: Court Digs Deep

Justice Sudha meticulously reviewed the docket, exposing a "strategy" to snag interim relief then extend endlessly. Past orders showed Rajan securing bail multiple times—two weeks (2019), 20 days (2020), 60 days (2021), eight weeks (2023)—only to flout surrender deadlines or pivot excuses.

The court noted discrepancies: the latest report pegged surgery for June 12, 2026 , not May 9. Echoing 2020 findings, pre-op tests were dodged before. "From the aforesaid materials, it is apparent that since 2019 the appellant has been repeatedly seeking interim suspension on the ground that he needs to take care of his ailing mother," the judgment stated.

Weighing the gravity of gang rape on a minor against family pleas, the court found no merit, especially given non-compliance.

Key Observations from the Bench

"Therefore, the strategy seems to be to somehow get an interim order of suspension and thereafter keep seeking for extension on the ground that the surgery could not be conducted."

"It appears that the applicant/appellant/accused is trying his luck by filing successive applications. When he finds that the court is not inclined to allow the same, he withdraws the same and after a short interval comes up with another application."

"It is also seen that on early occasions, he had never surrendered in time. This is nothing but a clear abuse of the process of the court ."

"Taking into account the gravity of the offences committed as well his earlier conduct, I find no bona fides in the application filed."

These quotes underscore a judiciary fed up with "serial litigation" on recycled pretexts.

Gavel Falls: No More Free Passes

The application stands dismissed , with costs due in one month. The appeal lists next on July 13, 2026 . This ruling sends a chill to convicts eyeing family-medical loopholes: repeated, insincere pleas won't fly, especially in heinous crimes. It reinforces courts' power to penalize process abuse, protecting victims and judicial integrity—potentially deterring similar tactics nationwide.