Rajkumar vs State (Nct Of Delhi)

Court
Delhi High Court

$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31.08.2026
# CNR No. DLHC010273822026
+ BAIL APPLN. 2406/2026
RAJKUMAR .....Petitioner
Through: Mr. Shrikant Sharma, Advocate.
versus

STATE (NCT OF DELHI) .....Respondent
Through: Mr. Sabharwal, APP for State with
Inspector Puneet Bhati and SI Ashok
Kumar.





CORAM: JUSTICE GIRISH KATHPALIA


J U D G M E N T (ORAL)

1. The accused/applicants seek regular bail in case FIR No. 293/2024 of
Police Station Nangloi for offence under Section 370/34 IPC and 81 JJ Act.
2. Status report was not filed. However, at request of both sides, I have
heard the arguments.
3. Broadly speaking, the prosecution allegation is that the
accused/applicant is involved in child trafficking. According to prosecution,
the accused/applicant and co-accused Gayatri impersonated as husband and
wife, and they took an infant girl in adoption. Thereafter, they sold away the
said girl infant to co-accused Deepika, who sold away the child further.

BAIL APPLN. 2406/2026 Page 1 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e2
6fa, cn=GIRISH KATHPALIA
Date: 2026.08.31 17:43:28 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:31.08.2026
17:53:28

4. Learned counsel for accused/applicant submits that he is in custody
for past two and a half years and all public witnesses stand examined in trial.
Learned counsel for accused/applicant vehemently denies any incriminating
role as alleged by prosecution. It is contended by learned counsel that the
accused/applicant has been falsely implicated simply because he happens to
be paternal uncle of the co-accused Deepika, who has been granted bail. It
is also submitted by learned counsel that the main accused Dr. Kulvinder
Kaur has not been arrested by the police till date, so the accused/applicant
deserves the relief sought.
5. Learned APP for State, assisted by Investigating Officer/Inspector
Puneet Bhati and SI Ashok Kumar, strongly opposes the bail application in
view of nature of the offence. Further, it is submitted by learned APP for
State on instructions of the Investigating Officer that the accused/applicant
is clearly visible in photographs while taking custody of the adopted infant.
As regards co-accused Dr. Kulvinder Kaur, I have asked the Investigating
Officer/SI Ashok Kumar to explain her status, but in this regard submission
of learned counsel for accused/applicant appears to be correct that police is
taking practically no action against Dr. Kulvinder Kaur.
6. Of course, the policy of the State to selectively arrest some of the
accused persons cannot be approved. The police should clearly state as
to whether they want to arrest an accused or not. The Court cannot
direct the police to do or not to do so. Such kind of pick and choose in
matter of arrest must be deprecated. Copy of this order be sent to the

BAIL APPLN. 2406/2026 Page 2 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.08.31 17:43:17 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:31.08.2026
17:53:28

concerned DCP to look into the matter.
7. At this stage, learned APP for State submits that they shall ensure that
Dr. Kulvinder Kaur is arrested. It seems that now the State realizes the
gravity of the alleged offence.
8. I am of the considered view that merely because for some unknown
reason, the police opted not to arrest one of the accused persons, the Court
cannot shut its eyes to the gravity of the alleged offence.
9. One has to understand that every time custody of an infant is taken
away from her biological mother, followed by the adoptive parent, followed
further by other persons as happened in the present case, the infant suffers
tremendous dent in her psyche, which gets manifested in her personality at
some future stage. That too, in a case of present kind, provided the trafficked
infant is not exploited for multiple reasons by the end purchaser.
10. It is also part of the prosecution case that the said girl infant was the
sixth girl child in the family of her biological parents. As mentioned above,
the accused/applicant is visible in the photographs while accepting the girl
infant in presence of biological parents of the infant. Admittedly, the
accused/applicant now does not have custody of that infant, who was
adopted by him. The prima facie impression is that as alleged by
prosecution, the girl infant was sold away.
11. In this regard, the role played by the investigators in this case is
highly appalling. Till date, the allegedly trafficked girl child has not

BAIL APPLN. 2406/2026 Page 3 of 4 pages

GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af396
2c6fb4835d435f97626cacca, ou=HIGH COURT OF
DELHI,CID - 7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f
80cbd2eee60402c487965ff801e26fa, cn=GIRISH
KATHPALIA
Date: 2026.08.31 17:43:05 +05'30'
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:31.08.2026
17:53:28

been recovered/rescued by police. On this aspect also, copy of this order
be sent to the concerned DCP to make sure that the said girl child is
rescued at the earliest. In this regard, status report shall be filed by the
concerned DCP within four weeks.
12. Learned counsel for accused/applicant also seeks parity with co-
accused Deepika. But as correctly pointed out by learned APP for State,
Deepika was granted bail for the reasons completely distinct from the
present case and also admittedly, Deepika is not visible in the photographs
while accepting the infant girl.
13. At this stage, learned APP for State submits that Kulvinder Kaur is
not even a doctor, but an unqualified nurse. The fact remains that there is no
explanation for the selective arrest of the accused persons involved in the
present case.
14. Considering the overall circumstances as described above, I do not
find it a fit case to release the accused/applicant on bail. The bail application
is dismissed.
15. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the accused/applicant immediately.

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e26
fa, cn=GIRISH KATHPALIA
Date: 2026.08.31 17:42:51 +05'30'
GIRISH
KATHPALIA


GIRISH KATHPALIA
(JUDGE)
AUGUST 31, 2026/ as

BAIL APPLN. 2406/2026 Page 4 of 4 pages

Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:31.08.2026
17:53:28