The court held that organized child trafficking constitutes a severe offense under relevant Indian laws, and the applicant's actions represent exploitation of vulnerable parents and newborns.

JUDGMENT :

SWARANA KANTA SHARMA, J.

1. The applicant Rajinder has preferred this application seeking grant of regular bail in FIR bearing no.121/2024, registered at Police Station Begumpur, Delhi for the commission of offences punishable under Sections 370(4), 120B and 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 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 Priya and 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 Priya (aged 24 years) and Devika @ Devki (aged 56 years), 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 present accused Rajinder and co-accused Simranjeet Kaur, who used to supply babies from Punjab for further sale. Subsequently, the present applicant i.e. Rajinder, and other co-accused persons i.e. 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 prosecution case is that the present applicant Rajinder, along with Simranjeet Kaur (an ASHA worker), Binder Kaur (a nurse), and others used to target parents who were poor, illiterate or vulnerable. They projected themselves as well-settled couples desirous of adoption, and with the assistance of co-accused Raman and Pooja, procured signatures of biological parents on blank notary papers under the pretext of completing adoption formalities. The children were thereafter sold to the highest bidders.

5. During investigation, two couples came forward to claim the recovered girl child and stated that they were assured their child would remain in a nearby town and be raised in a good household. Further, from CDR analysis, the present applicant was found in contact with the co-accused persons. During his arrest, blank notary papers with signatures and mobile phones were recovered from him. Further, with the permission of the Child Welfare Committee (CWC), blood samples were collected for DNA fingerprinting, which confirmed that the biological parents of the recovered child were Lekh Singh and Paramjeet Kaur. Presently, the child is in the custody of CWC and has been named "Shivangi."

6. After completion of investigation, chargesheet was filed before the concerned Court on 20.05.2024. Eventually, co-acc