Why Did the Delhi HC Reject Bail for Woman Accused of Child Trafficking?
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New Delhi, Feb 13 (NationPress) The Delhi High Court has rejected an anticipatory bail request made by a woman implicated in the trafficking of a minor from her village and forcing him into the sale of illegal liquor in the capital.
A single-judge panel led by Justice Girish Kathpalia denied the request of the accused, Savitri, linked to an FIR lodged at Sangam Vihar police station for violations under Section 33 of the Delhi Excise Act, 2009, Section 78 of the Juvenile Justice Act, 2015, and Sections 95/112 of the Bharatiya Nyaya Sanhita, 2023.
According to the prosecution, the criminal case stemmed from a constable's report who, while on patrol, observed the sale of illegal liquor in a narrow street. When he tried to apprehend those involved, a woman named Kajal, who was allegedly selling illegal liquor alongside a child, fled the scene. The minor was found with pouches of illicit liquor concealed in a plastic bucket.
Investigations revealed that the minor had been brought to Delhi by the applicant, who is a relative of Kajal, and that the family was engaged in the illicit liquor trade.
In opposition to the bail plea, the prosecution argued that the accused played an active role in the illegal liquor operation and had gained financially, emphasizing the need for her custodial interrogation to expose a broader conspiracy.
In its ruling against the bail plea, the Delhi High Court remarked that the seriousness of the allegations could not be overlooked.
“First and foremost, the gravity of the alleged crime must be considered. The charges against the accused/applicant involve not only the sale of illegal liquor but also the trafficking of a child from their home to be utilized in this unlawful trade,” Justice Kathpalia stated.
The order further highlighted that the criteria for granting anticipatory bail are more stringent than those for regular bail.
“Granting anticipatory bail in cases where a child is exploited in criminal activities would convey very misleading messages to society. Recently, the exploitation of children in crime has been on the rise; children are increasingly being utilized as tools by hardened criminals to evade punishment,” the Delhi High Court remarked.
It also acknowledged the validity of the prosecution's claim that custodial interrogation was essential to determine if additional children had been trafficked in a similar manner.
“I find merit in the State's assertion that the custodial interrogation of the accused/applicant is crucial to uncover whether more children have been trafficked similarly for use in criminal activities,” Justice Kathpalia noted.
The Delhi High Court further observed that the investigation indicated the applicant had allegedly received financial benefits, with her PhonePe account statements currently under review.
Considering her alleged criminal history, Justice Kathpalia indicated that the applicant was involved in 17 other cases of a similar nature and had also been implicated in two additional cases alongside family members under the NDPS Act.
“In light of the aforementioned circumstances, I do not deem it appropriate to grant anticipatory bail to the accused/applicant,” concluded the Delhi HC, while dismissing the bail application.