Delhi HC: Criminals Using Children as ‘Weapons’ to Evade Law; Denies Anticipatory Bail in Child Trafficking Case

The Delhi High Court has denied anticipatory bail to a woman accused of trafficking a child and using him for the sale of illicit liquor, observing that hardened criminals are increasingly using children as a “weapon” to evade criminal liability.

Justice Girish Kathpalia, in an order passed on February 4, noted that exploitation of children in the commission of crimes is growing and that such offences must be addressed with seriousness to prevent further victimisation of minors.

“Grant of anticipatory bail in a case where a child was exploited in commission of crimes would send a very wrong signal to the society,” the court said.

The bench further remarked:

“Exploitation of children in commission of crimes is increasing day by day. Children are now often being used as a weapon by hardened criminals to escape penal action.”

Holding that custodial interrogation was necessary to uncover whether other children were also trafficked and forced into similar activities, the court rejected the woman’s plea, stating, “I do not find it a fit case to grant anticipatory bail to the applicant.”

According to the prosecution, the woman trafficked a minor boy from her native village and got him involved in the sale of illicit liquor in the national capital. An FIR was lodged after a close relative of the accused was seen selling illicit liquor along with the child.

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The accused argued there was no material to prove she brought the child to Delhi for this purpose, nor was there evidence directly linking her to the illegal sale. However, Delhi Police opposed her anticipatory bail, submitting that their investigation revealed her active involvement in the racket. They also informed the court that she had received money from the proceeds of the illicit activity.

In view of the seriousness of the charges and the need for thorough investigation, the court refused to extend protection from arrest.

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