Delhi High Court – Orders
Salim Khan vs State (Nct Of Delhi) on 6 May, 2026
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1474/2026
SALIM KHAN .....Petitioner
Through: Mr. Siddharth Yadav and Mr. Nitin
Kumar Yadav, Advocates
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Naresh Kumar Chahar, APP for
the State
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 06.05.2026
1. By way of the present application, the applicant seeks grant of regular
bail in case arising out of FIR bearing no. 419/2022, registered at Police
Station South Rohini, Delhi, for the commission of offence punishable under
Sections 370/420/468/471/120B/174A/201/34 of the Indian Penal Code,
1860 (hereafter ‘IPC‘), and Section 81/87 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 (hereafter ‘JJ Act‘).
2. Briefly stated, the facts of the present case are that police official had
caught the accused persons· i.e., Dr. Sanjay Mallik, Ms. Ashu Saini, Ms.
Rakhi and Ms. Rehnuma, in the act of attempting to sell a baby girl to one of
their alleged customers. Accordingly, the instant FIR was registered against
the accused persons. During the course of investigation, it was revealed that
the present applicant had played a pivotal role in the alleged conspiracy
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relating to the sale of a newborn female child. He was found to be in
continuous contact with co-accused Sanjay Kumar Mallick, Ashu Saini, and
Rakhi, and had acted as a link between them for arranging prospective
buyers. Thereafter, the present applicant/accused Salim Khan, in furtherance
of the conspiracy, contacted Ashu Saini and Rakhi for locating the potential
customers. The present applicant/accused had allegedly remained actively
engaged in the planning and execution of the transaction, coordinating with
the co-accused and guiding them on the deal.
3. The learned counsel appearing on behalf of the applicant submits that
the applicant has remained in judicial custody for more than 2 years and 6
months and that the trial is likely to take a considerable period of time to
conclude as charges are yet to be framed. It is further contended that, on 2-3
prior occasions, the applicant had been released on interim bail and had duly
complied with all the conditions imposed upon him. It is also argued that all
the co-accused persons have already been enlarged on bail. It is further
submitted that the investigation in the present case stands concluded, the
chargesheet as well as the supplementary chargesheet have already been
filed, and further custodial interrogation of the applicant is not required. It is
therefore prayed that the applicant be granted bail.
4. The learned APP for the State, on the other hand, submits that the
offence alleged against the applicant is serious in nature and pertains to the
trafficking of an infant child. It is further argued that the applicant was in
contact with the other co-accused persons, which is corroborated by the call
detail records of the present applicant. It is also pointed out that the
applicant was declared a proclaimed offender on 05.01.2023, and was
subsequently arrested on 27.07.2023. Therefore, it is contended that, in the
This is a digitally signed order.
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event the applicant is released on bail, there exists a reasonable
apprehension that he may again evade the process of law. Accordingly, it is
prayed that the applicant be not enlarged on bail.
5. This Court has heard arguments addressed by the learned counsel
appearing for the applicant as well as the learned APP for the State, and has
perused the material available on record.
6. The allegations against the present applicant, in brief, are that the
present applicant was actively involved in the trafficking of an infant female
child.
7. This Court notes that the applicant has remained in judicial custody
for a period exceeding two and a half years and his overall conduct in jail
has remained satisfactory. It is further pertinent to note that charges are yet
to be framed by the learned Trial Court and that the trial is likely to take a
considerable period of time to conclude.
8. This Court also notes that the applicant had been released on interim
bail on three prior occasions, and had duly complied with all the conditions
imposed upon him and surrendered within time on each occasion.
9. It is further noted that the other co-accused persons, including the
mother of the newborn child as well as the doctors allegedly involved in the
commission of the offence, have already been enlarged on bail.
10. Therefore, considering the overall facts and circumstances of the
present case, particularly the fact that the co-accused persons have already
been released on bail, the applicant has remained in judicial custody for
more than two and a half years, and charges are yet to be framed, this Court
is inclined to grant bail to the applicant on his furnishing a personal bond in
the sum of ₹15,000/- with one surety of the like amount, subject to the
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 06/05/2026 at 21:57:41
satisfaction of the learned Trial Court/Successor Court/Link Court/Duty
Judge concerned, on the following terms and conditions:
i) The applicant shall not leave the country without prior
permission of the concerned Court, and if the applicant has a
passport, he shall surrender the same to the concerned Trial
Court.
ii) In case of change of residential address/contact details, the
applicant shall promptly inform the same to the concerned
Court and IO/SHO concerned.
iii) The applicant shall appear regularly before the learned Trial
Court, unless exempted.
iv) The applicant shall not communicate with, or come into
contact with the complainant or any of the prosecution
witnesses, or tamper with the evidence of the case.
11. Accordingly, the present bail application stands allowed and is
disposed of.
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
MAY 06, 2026/ns
rb
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 06/05/2026 at 21:57:41
