In a notable judgment, the Bombay High Court has extended bail to an individual implicated in a child trafficking case, taking into account the accused’s deteriorating health condition due to HIV and their fundamental right to liberty. The individual had been in custody following an arrest by the crime branch, facing serious charges under the Indian Penal Code and the Juvenile Justice Act related to child trafficking and falsification of birth certificates for trafficked minors.
The prosecution, led by Assistant Public Prosecutor Tanveer Khan, strongly opposed the bail plea. They underscored the gravity of the accusations and the vulnerability of the children involved, arguing that the release of the accused could potentially compromise the integrity of the ongoing investigation and endanger the safety of witnesses.
On the other side, the defense made a compelling case for the accused’s release, highlighting the significant health challenges faced due to HIV. They pointed out that all co-accused in the case, including the mother of the trafficked children and another accomplice, had already been granted bail. The defense contended that with the investigation completed and the chargesheet filed, their client was entitled to the presumption of innocence and deserved bail, especially considering the health circumstances and the right to liberty.
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Justice NJ Jamadar, after carefully examining the submissions from both sides and reviewing the case details, decided in favor of granting bail. The court set the bail at a personal recognizance bond of ₹30,000 with sureties, imposing conditions that the accused report regularly to the crime branch and adhere strictly to the legal proceedings.
