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IN THE COURT OF SH.

NISHANT GARG,
ACJM-2-CUM-ACJ, RADC, NEW DELHI

CC No. CBI/73/2024

Date of Institution : 03.07.2024


Date of Order : 01.08.2024
Committed for : 14.08.2024

CBI Vs. (1) Neeraj


(2) Indu Pawar
(3) Pooja Kashyap
(4) Ritu @ Neeraj Sharma
(5) Mohd. Aslam
(6) Hari Singh Chaudhary
(7) Anjali @ Golu
(8) Kavita
(9) Arti Nayak
…….Accused(s)

FIR/RC No.-048 2024 S0006 dated 05.04.2024


Branch:- CBI/SC-I/New Delhi
Under Section:-120B r/w Section 370 (4) and 370 (5), 420 of IPC
and Section 81 of Juvenile Justice (Care and Protection of Children)
Act, 2015

Present: Sh. Saurabh Singh, Ld. Substitute APP for the CBI.

Accused persons namely (1) Neeraj, (2) Indu Pawar,


(3) Pooja Kashyap, (4) Ritu @ Neeraj Sharma,
(5) Aslam, (6) Hari Singh Chaudhary, (7) Anjali @
Golu and (8) Kavita produced from JC (via VC).

Accused Arti Nayak is absent (exemption filed and


allowed).

Ms. Preety Pandey, Ld. counsel for accused Arti


Nayak.
Sh. Himanshu Gaur alongwith Ms. Nupur Sharma, Ld.
counsels for accused Neeraj@ Ritu.

CC No. CBI/73/2024 Digitally signed Page No. 1 of 5


by NISHANT
RC-048 2024 S0006/SC-I/New Delhi
CBI vs. Neeraj & Ors. NISHANT GARG
GARG Date: 2024.08.01
15:07:13 +0530
Sh. Rahul Bharti, Ld. counsel for accused Indu
Pawar and Aslam.
Ms. Pooja Aggarwal, Ld. counsel for accused
Anjali@ Golu.
Sh. Sunil Kumar alongwith Sh. Shiv Kumar and Sh.
Ashok Kumar, Ld. counsels for accused Hari Singh
Chaudhary.
Sh. Robin Baisoya, Ld. counsel for accused Pooja
Kashyap.
Sh. Ashish Kumar, Ld. counsel for accused Kavita.

COMMITMENT O R D E R

1. Accused Neeraj, Indu Panwar, Pooja Kashyap, Ritu @


Neeraj, Mohd. Aslam, Hari Singh Choudhary, Anjali @ Golu,
Kavita and Arti Nayak have been sent by the CBI to face trial for
commission of offences punishable under Section 120B read with
Section 370 (4) and (5), 420 of IPC and Section 81 of Juvenile
Justice Act, 2015 and substantive offences thereof.

2. The present FIR came be registered on the complaint dated


05.04.2024 of the DSP, CBI, SC-I, New Delhi regarding the
incident of illegal trafficking of buying and selling of infant
children. In the complaint, it was alleged that reliable information
has been received as per which Neeraj and Indu Panwar have
indulged in illegal trafficking of infants across India. Pooja was
allegedly working as caretaker of the illegally trafficked infants. On
04.04.2024, Ritu had contacted Indu for selling an infant for Rs. 4.8
lakhs. Indu arranged the money through Aslam and was planning to
sell the infant in connivance with Neeraj through Rajesh for Rs. 5
lakhs.

Digitally signed
CC No. CBI/73/2024
by NISHANT Page No. 2 of 5
RC-048 2024 S0006/SC-I/New Delhi NISHANT GARG
CBI vs. Neeraj & Ors.
GARG Date:
2024.08.01
15:07:21 +0530
3. In the complaint, it was further alleged that earlier also, on
several occasions, illegal trafficking of infants had taken place. On
19.02.2024, Hari Singh had purchased an infant from Indu for Rs.
4.90 lakhs. On 03.03.2024, Indu had sold an infant to one unknown
lady for Rs. 4.5 lakhs. On 06.03.2024 Neeraj had arranged a baby
boy through Anjali and Mahi and sold it two unknown persons at
Patiala, Punjab. On 12.03.2024 Indu and Pooja Kashyap had gone
to Gorakhpur, UP to procure a male child who was taken to
caretaking facility managed by Indu. The said boy/infant was sold
at Anand Vihar, Delhi on 16.03.2024.

4. During investigation, a trap was laid on 05.04.2024 and an


infant of 1.5 days was rescued while the infant was being delivered
by Neeraj, Indu and Aslam to Rajesh Kumar and his wife Brijbala.
Two bags containing cash amount of Rs. 2.80 lakhs and Rs. 2.30
lakhs were seized and taken into police custody. Incriminating
documents were recovered from the white colour Skoda car used in
commission of the offence. On the same day, an infant male child
of about 15 days was recovered from the house of accused Pooja
Kashyap. Another infant female child was recovered from the
house of accused Kavita at the instance of accused Anjali @ Golu.
Another infant was recovered from Hari Singh on 09.04.2024. One
more infant was recovered from Gurpreet Singh and Mandeep
Kaur, R/o Patiala, Punjab on 10.06.2024.

5. During investigation, specimen signatures of the accused


persons, the persons to whom children were sold, blood samples of
persons purported to be biological parents of children as well as that
of adoptive parents and infants were taken and sent for

CC No. CBI/73/2024 Digitally signed Page No. 3 of 5


RC-048 2024 S0006/SC-I/New Delhi
by NISHANT
CBI vs. Neeraj & Ors. NISHANT GARG
GARG Date: 2024.08.01
15:07:29 +0530
examination. The reports are awaited. The audio conversations of
the accused persons were recorded after due permission and
transcripts were prepared.

6. During further investigation, biological parents of the


infant/child of 1.5 days recovered from the Skoda vehicle on
05.04.2024 were traced. The child was found to be of Sima and
Akash. On examining Sima, it was found that she had approached
Arti Nayak for abortion at which Arti Nayak assured her that the
child would be given in adoption. Arti Nayak introduced Sima and
Akash to Ritu @ Neeraj who assured Sima of a sum of Rs. 1.10
lakhs for the child. On the date of delivery, Ritu deposited the
expenses of Sima’s delivery direct in the hospital. After delivery,
the child was taken to the house of Pooja Kashyap before it was
attempted to be delivered to Rajesh.

7. On the basis of the FIR and the investigation carried out,


cognizance for a commission of offences punishable under Section
120B, 370 (4) (5) and 420 IPC and Section 81 of Juvenile Justice
Care and Protection of Children Act was taken against all the
accused persons vide order dated 15.07.2024. Copies of the charge
sheet and accompanying documents (including statements of
witnesses recorded under Section 161 CrPC) were supplied to Ld.
Counsel for all the accused persons free of cost as mandated under
Section 207 CrPC.

8. I have heard the Ld. APP for the CBI and Ld. defence
counsel and have perused the case file.

Digitally signed
CC No. CBI/73/2024 Page No. 4 of 5
by NISHANT
RC-048 2024 S0006/SC-I/New Delhi
CBI vs. Neeraj & Ors.
NISHANT GARG
GARG Date: 2024.08.01
15:07:41 +0530
9. During investigation, the prosecution has collected sufficient
evidence and had filed the charge sheet against all the accused
persons for the offences punishable under Sections 120B r/w 370
(4), 370(5), 420 IPC and Section 81 of Juvenile Justice (Care and
Protection of Children) Act. From the charge-sheet and
accompanying documents, it appears that the accused persons have
committed the alleged offences. The offences under Section 370 (4)
and 370 (5) IPC are exclusively triable by the court of Sessions.
Accordingly, the present case is committed to the court of Ld.
Principal District and Sessions Judge-cum-Special Judge (PC Act),
CBI, Rouse Avenue District Court, New Delhi for 14.08.2024.

10. The commitment of the present case stands notified to Ld.


APP for the CBI. Kalandra be prepared accordingly. The Ahlmad
concerned is directed to send the complete record to the Court of
Ld. Principal District and Sessions Judge-cum-Special Judge (PC
Act), CBI, Rouse Avenue District Court, New Delhi well within
time.
Digitally signed
by NISHANT
NISHANT GARG
GARG Date:
2024.08.01
15:07:52 +0530

Pronounced in open court. (NISHANT GARG)


Dated: 01.08.2024 ACJM-2-cum-ACJ,
RADC/New Delhi

Note: All the five pages of this order have been duly checked and
signed by me.

Digitally signed
by NISHANT
NISHANT GARG
GARG Date:
2024.08.01
15:07:57 +0530

Pronounced in open court. (NISHANT GARG)


Dated: 01.08.2024 ACJM-2-cum-ACJ,
RADC/New Delhi

CC No. CBI/73/2024 Page No. 5 of 5


RC-048 2024 S0006/SC-I/New Delhi
CBI vs. Neeraj & Ors.

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