Delhi High Court cancelled the bail of two women accused of running a newborn trafficking Racket network across Delhi, Rajasthan and Gujarat, calling the offences a “grave societal threat.” The Court said releasing them would risk witness tampering and damage the ongoing investigation.
NEW DELHI: The Delhi High Court cancelled the bail of two women – Pooja and Bimla – who are accused of being part of a large and organised inter-state newborn trafficking racket. The Court said that the crimes involve selling newborn babies for money and pose a deep danger to society.
Justice Ajay Digpaul strongly noted that:
“The offences alleged are of grave and heinous nature, involving trafficking of new-born children, which not only endangers the rights and dignity of the infants but also undermines the social fabric. Such offences are categorically treated as serious threats to the public order and moral conscience of society.”
According to the prosecution, the racket was spread across Delhi, Rajasthan, and Gujarat, with many members still absconding and even some infants still untraced. The Court found that the trial court had wrongly granted bail simply because the charge sheet had been filed.
The High Court said:
“Trial court failed to consider the actual seriousness of the crime and the real risk that the accused could harm the investigation.”
Justice Digpaul said:
“ASJ did not adequately consider the nature and gravity of the offence, the modus in which the offence was committed, and the possibility to influence the witnesses and the likelihood of tampering with the evidence as well as the propensity of the accused persons to commit similar offences.”
Both women face charges under Sections 143(4)/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 81 of the Juvenile Justice Act, 2015. They are described as “central figures” in this well-organised trafficking chain.
During the investigation, police arrested several people, rescued infants, and found evidence that Pooja acted as the operational leader—arranging funds, coordinating deals, directing couriers, and fixing commissions. On the other hand, Bimla was accused of receiving trafficked infants and giving them further to buyers.
The Court said that even though a big portion of the investigation is complete, the remaining part is crucial because more accused are missing, and one rescued child’s biological parents are yet to be found. The Court stressed that releasing the main accused at this time would directly affect the fairness of the investigation.
Justice Digpaul said:
“Investigation, though substantially completed, yet, it remains ongoing with respect to other absconding accused and untraced infants. In such circumstances, release of main accused persons on bail might undermine the fairness and integrity of the continuing investigation.”
The Court also pointed out that both women are accused of repeatedly participating in similar illegal activities. Their regular communication with other members and their presence in the same neighbourhood as key witnesses increases the risk of influencing or threatening them. Therefore, the Court held that allowing them to stay free on bail could obstruct justice.
The High Court cancelled the earlier bail orders and directed the women to surrender before the trial court within seven days.
Explanatory Table Of All Laws & Sections Mentioned
| Law / Section | Act | What It Means (Simple Explanation) |
| Section 143(4) | Bharatiya Nyaya Sanhita (BNS), 2023 | Deals with being part of an illegal group/assembly involved in serious criminal activity. |
| Section 61(2) | BNS, 2023 | Covers involvement in illegal buying/selling of human beings, including trafficking. |
| Section 3(5) | BNS, 2023 | Relates to organised criminal groups committing repeated or systematic offences. |
| Section 81 | Juvenile Justice (Care & Protection of Children) Act, 2015 | Punishes selling or buying children for any illegal purpose. Protects infants from exploitation. |
| Section 528 | BNSS, 2023 | Allows transferring or revisiting criminal cases/bail matters to ensure fair justice. |
| Section 482 | CrPC, 1973 | High Court’s “inherent powers” to prevent misuse of legal process and deliver justice. |
| Section 84 | BNSS, 2023 | Proclamation against absconding offenders when accused are hiding and not appearing. |
| Section 183 | BNSS, 2023 | Statements of public witnesses recorded by Magistrate (similar to Section 164 CrPC earlier). |
| Article 21 (Referenced in judgment) | Constitution of India | Guarantees right to life & personal liberty, but subject to reasonable legal restrictions. |
| Sections 419, 420, 467 IPC & other case-citations (from Supreme Court references) | Indian Penal Code | Anti-cheating, forgery and fraud-related provisions—quoted to explain bail principles. |
Case Summary
- Case Title
- STATE NCT OF DELHI vs BIMLA – CRL.M.C. 6327/2025
- STATE NCT OF DELHI vs POOJA – CRL.M.C. 6328/2025
- (common judgment)
- Court: High Court of Delhi at New Delhi
- Bench: Hon’ble Mr. Justice Ajay Digpaul
- Dates
- Reserved on: 28.10.2025
- Date of Decision: 03.11.2025
Appearance / Counsels
- For the Petitioner (State NCT of Delhi):
- Ms. Meenakshi Dahiya, APP for State
- Ms. Divya Bakshi, Advocate
- With SI Rakesh Kumar
- For Respondent Bimla:
- Mr. Anuj Rajpal, Advocate
- Mr. Nishant Anand, Advocate
- For Respondent Pooja: Mr. Deepak Kohli, Advocate
- FIR & Police Details
- FIR No.: 178/2025
- Police Station: Uttam Nagar, Delhi
- Date of FIR: 08.04.2025
- Investigation by: Special Staff, Dwarka District
Important Accused Names Mentioned
- Pooja – alleged operational head
- Bimla – alleged buyer/distributor
- Anjali, Yasmin, Jitender Kumar, Ranjit Bhai, Raviya, Balbir Singh, Bhagwan Ram
- Absconding: Komal Verma & Prabhu (proclaimed under Section 84 BNSS)
Key Takeaways
- Crime has no gender; women can be primary offenders, as seen in this trafficking racket.
- The Court acknowledged that women too can destroy evidence and influence witnesses.
- Bail was granted lightly because the accused were women, exposing judicial bias.
- This case breaks the stereotype that women are always victims and men are always offenders.
- The system needs truly gender-neutral laws where accountability is based on actions, not gender.
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