Salim Khan vs State (Nct Of Delhi) on 6 May, 2026

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    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‘).

    SPONSORED

    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

    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
    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.

    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
    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



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