Delhi High Court · 2025

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3737/2025 DEVKI .....Petitioner Through: Mr. Himanshu Kaushik Mr. Akash Kasana, Ms. Deepika Vashistha, Ms. Himanshi Sharma and Mr. Bhuvil Choudhary, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 19.11.2025 1. By way of present application, the applicant is seeking grant of regular bail in case arising out FIR bearing no. 121/2024, registered on 20.02.2024 at Police Station Begumpur (Rohini), Delhi, for the commission of offences punishable under Section 370(4)/120B/34 of the Indian Penal Code,1860 (hereafter „IPC‟) and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter „JJ Act‟). 2. Brief facts of the case are that a PCR call vide DD No. 74A dated 20.02.2024 was received at P.S. Begumpur regarding alleged trafficking of children and noise of weeping from a neighbour‟s house. On the statement of the complainant Laxmi Mehta, the present FIR was registered. The complainant stated that in the opposite house, two women, a man and two children were residing, and that she had often seen them with different This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 11:56:55 newborn babies of about 20–25 days, despite none of the women being pregnant, which aroused suspicion. On 20.02.2024 she heard the cries of a child and also overheard a girl talking on the phone mentioning “5.80 or 4.80,” while the child continued crying. She, along with the landlord and neighbours, went upstairs to enquire, where the women gave evasive replies. Thereafter, she called the police, who upon arrival questioned the women, who disclosed their names as co-accused Priya and present applicant/accused Devki, and further revealed that they were engaged in the business of buying and selling children alongwith co-accused Sangram. 3. As per status report, during investigation, a newborn girl child of about 10-20 days was found in the custody of co-accused Priya and the applicant herein, both residents of Begumpur, Delhi. They were arrested, and during interrogation, disclosed that they had been engaged in trafficking of newborn babies for the past 3-4 years with the help of co-accused Rajinder and Simranjeet Kaur, who used to supply babies from Punjab for further sale. Subsequently, the other co-accused persons i.e., Rajinder, Piyush Aggarwal, Simranjeet Kaur, Raman, Pooja, Binder Kaur and Paramjeet @ Pamma were also arrested. Co-accused Sangram however could not be arrested and proceedings against him under Section 82 of the Cr.P.C. were initiated. 4. The learned counsel for the applicant/accused argues that the applicant/accused has clean antecedents and has no previous involvement in any criminal case. It is further argued that the applicant/accused has been in judicial custody for about two years. It is argued that there is no evidence to connect the present applicant/accused with co-accused persons, and that This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 11:56:55 there is no CCTV footage to substantiate the prosecution‟s case. It is further argued that the applicant, an aged lady, has been falsely implicated in the present case. On these grounds, it is prayed that the applicant herein be granted regular bail. 5. The learned APP for the State, on the other hand, opposes the present bail application, and argues that the applicant is a key participant in an organised racket engaged in the buying and selling of infants. The specific role attributed to the applicant/accused is that she used to keep and handle the infants until a suitable purchaser was identified. It is further argued that when the police had reached the spot pursuant to the receipt of complaint, an infant aged about 10–20 days was recovered from the possession of the applicant. It is also argued that the Call Detail Records reveal that the applicant was in constant contact with the co-accused persons. It is further argued that only one prosecution witness has been partly examined so far, and thus, at this stage, the applicant be not granted regular bail. 6. This Court has heard arguments addressed on behalf of the applicant as well as the State, and has also perused the material available on record. 7. In the present case, this Court notes that the present applicant/accused, along with the co-accused persons, was allegedly a part of an organised racket engaged in the procurement and sale of newborn children for monetary gain. A total of 10 persons came to be arrested in the course of investigation. As alleged, the roles of all accused persons were defined: Binder Kaur (a nurse/midwife) ran a clinic in Abhor, Punjab, and is alleged to have approached pregnant women/parents of new-borns from poor financial backgrounds; Simranjeet Kaur and Rajinder posed as a childless, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 11:56:55 well-settled husband-and-wife couple who purportedly sought to adopt new-born babies; other accused (Raman, Pooja, Priya, applicant Devki, Sangram, Piyush and Paramjeet) played complementary roles, such as procuring signatures on blank notary/stamp papers, receiving custody of children, transporting the children and effecting sales to buyers in and outside the State. 8. The role attributed to the present applicant/accused is that she, along with others, would meet the co-accused Simran and Rajinder in Hisar, where newborn children were allegedly handed over to her. Allegedly, the applicant used to take care of the infants until a prospective buyer offering a suitable amount was identified, after which she would purportedly receive her share of the proceeds. 9. This Court also notes that upon receiving the complaint made by Ms. Laxmi Mehta, the police had reached the spot and recovered a newborn female child, about 10–20 days old, from the possession of the present applicant Devki and co-accused Priya. It is also pertinent to note that the applicant herein was present at the spot at the time of the recovery. Furthermore, the analysis of the Call Detail Records also revealed that the applicant herein was in constant telephonic contact with the co-accused persons. Most importantly, the prosecution alleges that the children so procured were advertised and offered to prospective buyers by means of WhatsApp video calls/chats and photographs, with bidding and monetary negotiations, the ultimate object being sale to the highest bidder, rather than any legitimate adoption process. 10. Considering the overall facts and circumstances of the present case, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 11:56:55 the seriousness of the allegations, coupled with the fact that the infant of about 10-20 days was found in the possession of the applicant at the time of the incident, this Court is not inclined to grant regular bail to the applicant/accused. 11. Accordingly, the present application is dismissed. 12. It is, however, clarified that nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case. 13. The order be uploaded on the website forthwith DR. SWARANA KANTA SHARMA, J NOVEMBER 19, 2025/ns/td

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3737/2025 DEVKI .....Petitioner Through: Mr. Himanshu Kaushik Mr. Akash Kasana, Ms. Deepika Vashistha, Ms. Himanshi Sharma and Mr. Bhuvil Choudhary, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 19.11.2025 1. By way of present application, the applicant is seeking grant of regular bail in case arising out FIR bearing no. 121/2024, registered on 20.02.2024 at Police Station Begumpur (Rohini), Delhi, for the commission of offences punishable under Section 370(4)/120B/34 of the Indian Penal Code,1860 (hereafter „IPC‟) and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter „JJ Act‟). 2. Brief facts of the case are that a PCR call vide DD No. 74A dated 20.02.2024 was received at P.S. Begumpur regarding alleged trafficking of children and noise of weeping from a neighbour‟s house. On the statement of the complainant Laxmi Mehta, the present FIR was registered. The complainant stated that in the opposite house, two women, a man and two children were residing, and that she had often seen them with different This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 11:56:55 newborn babies of about 20–25 days, despite none of the women being pregnant, which aroused suspicion. On 20.02.2024 she heard the cries of a child and also overheard a girl talking on the phone mentioning “5.80 or 4.80,” while the child continued crying. She, along with the landlord and neighbours, went upstairs to enquire, where the women gave evasive replies. Thereafter, she called the police, who upon arrival questioned the women, who disclosed their names as co-accused Priya and present applicant/accused Devki, and further revealed that they were engaged in the business of buying and selling children alongwith co-accused Sangram. 3. As per status report, during investigation, a newborn girl child of about 10-20 days was found in the custody of co-accused Priya and the applicant herein, both residents of Begumpur, Delhi. They were arrested, and during interrogation, disclosed that they had been engaged in trafficking of newborn babies for the past 3-4 years with the help of co-accused Rajinder and Simranjeet Kaur, who used to supply babies from Punjab for further sale. Subsequently, the other co-accused persons i.e., Rajinder, Piyush Aggarwal, Simranjeet Kaur, Raman, Pooja, Binder Kaur and Paramjeet @ Pamma were also arrested. Co-accused Sangram however could not be arrested and proceedings against him under Section 82 of the Cr.P.C. were initiated. 4. The learned counsel for the applicant/accused argues that the applicant/accused has clean antecedents and has no previous involvement in any criminal case. It is further argued that the applicant/accused has been in judicial custody for about two years. It is argued that there is no evidence to connect the present applicant/accused with co-accused persons, and that This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 11:56:55 there is no CCTV footage to substantiate the prosecution‟s case. It is further argued that the applicant, an aged lady, has been falsely implicated in the present case. On these grounds, it is prayed that the applicant herein be granted regular bail. 5. The learned APP for the State, on the other hand, opposes the present bail application, and argues that the applicant is a key participant in an organised racket engaged in the buying and selling of infants. The specific role attributed to the applicant/accused is that she used to keep and handle the infants until a suitable purchaser was identified. It is further argued that when the police had reached the spot pursuant to the receipt of complaint, an infant aged about 10–20 days was recovered from the possession of the applicant. It is also argued that the Call Detail Records reveal that the applicant was in constant contact with the co-accused persons. It is further argued that only one prosecution witness has been partly examined so far, and thus, at this stage, the applicant be not granted regular bail. 6. This Court has heard arguments addressed on behalf of the applicant as well as the State, and has also perused the material available on record. 7. In the present case, this Court notes that the present applicant/accused, along with the co-accused persons, was allegedly a part of an organised racket engaged in the procurement and sale of newborn children for monetary gain. A total of 10 persons came to be arrested in the course of investigation. As alleged, the roles of all accused persons were defined: Binder Kaur (a nurse/midwife) ran a clinic in Abhor, Punjab, and is alleged to have approached pregnant women/parents of new-borns from poor financial backgrounds; Simranjeet Kaur and Rajinder posed as a childless, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 11:56:55 well-settled husband-and-wife couple who purportedly sought to adopt new-born babies; other accused (Raman, Pooja, Priya, applicant Devki, Sangram, Piyush and Paramjeet) played complementary roles, such as procuring signatures on blank notary/stamp papers, receiving custody of children, transporting the children and effecting sales to buyers in and outside the State. 8. The role attributed to the present applicant/accused is that she, along with others, would meet the co-accused Simran and Rajinder in Hisar, where newborn children were allegedly handed over to her. Allegedly, the applicant used to take care of the infants until a prospective buyer offering a suitable amount was identified, after which she would purportedly receive her share of the proceeds. 9. This Court also notes that upon receiving the complaint made by Ms. Laxmi Mehta, the police had reached the spot and recovered a newborn female child, about 10–20 days old, from the possession of the present applicant Devki and co-accused Priya. It is also pertinent to note that the applicant herein was present at the spot at the time of the recovery. Furthermore, the analysis of the Call Detail Records also revealed that the applicant herein was in constant telephonic contact with the co-accused persons. Most importantly, the prosecution alleges that the children so procured were advertised and offered to prospective buyers by means of WhatsApp video calls/chats and photographs, with bidding and monetary negotiations, the ultimate object being sale to the highest bidder, rather than any legitimate adoption process. 10. Considering the overall facts and circumstances of the present case, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 11:56:55 the seriousness of the allegations, coupled with the fact that the infant of about 10-20 days was found in the possession of the applicant at the time of the incident, this Court is not inclined to grant regular bail to the applicant/accused. 11. Accordingly, the present application is dismissed. 12. It is, however, clarified that nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case. 13. The order be uploaded on the website forthwith DR. SWARANA KANTA SHARMA, J NOVEMBER 19, 2025/ns/td