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2025 (4) TMI 1702
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....5), CRIMINAL APPEAL NO. 1941 /2025 (Arising Out of SLP (CRL.) 4673 / 2025), CRIMINAL APPEAL NO. 1942 /2025 (Arising Out of SLP (CRL.) 4674 / 2025), CRIMINAL APPEAL NO. 1943 /2025 (Arising Out of SLP (CRL.) 4675 /2025), CRIMINAL APPEAL NO. 1944 /2025 (Arising Out of SLP (CRL.) 4676 / 2025) Hon. J.B. Pardiwala And Hon. R. Mahadevan, JJ. For the Appellant : Ms. Aparna Bhat, Sr. Adv. Mr. Mayank Sapra, AOR Ms. Lalima Das, Adv. Ms. Karishma Maria, Adv. Mr. Gopal Krishna, Adv For the Respondent : Mr. Garvesh Kabra, AOR, Mrs. Pooja Kabra, Adv., Mrs. Nikita Jaju, Adv., Ms. Pallavi Kumari, Adv.,, Mr. Prashant Kumar, Advocate General, Mr. Gunjan Kumar, AOR, Mr. Ankit Khurana, Adv.,, Mr. Farhan Khan, Adv., Mrs. Farha Khan, Adv., Mr. Md. Shahid Anwar, Adv., For M/s. S & S Legal, AOR,, Ms. Tanya Agarwal, Adv., Mrs. Shubhangi Tuli, AOR,, Ms. Sangeeta Singh, AOR,, Mr. Purna Chandra Patnaik, AOR, Mr. Utkarsh Dwivedi, Adv. JUDGMENT J. B. PARDIWALA, J. 1. Leave granted in all the Special Leave Petitions. 2. Since the issues raised in all the captioned appeals are identical, those were taken up for hearing analogously and are being disposed of by this common judgment and order. ....
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....g child, however, further investigation revealed that the case was one of child-trafficking as detailed in the Memo of Recovery in 193/2023 as follows: "Today on 21/05/2023, I, Inspector in charge, Ramakant Dube with my companion SI Prakash Singh, SI Prabhakar Singh, SI Shivam Shrivastav, Constable Mrityunjay Prasad, Constable Shivnand in Government Jeep No. UP 65 AG 0882 with driver constable Mahender Patel, departed from Police Station for prevention of crime, night patrolling in search of wanted criminals, were present at the Kamachha crossing. That we received an information via an informer that the video regarding child kidnapping, which was viral on social media, a person involved in kidnapping of the said child is heading towards garbage place on the way of Nawab Gan and could be caught if immediate action is taken. Believing this information, informed the fellow officials about this and after proper search of each other, reached the garbage place along with the informer and hidden ourselves behind garbage place and started waiting for the arrival of that man. After some time, a person was seen coming from the Ujala Hospital side. The informer pointed towards this m....
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.... Baranwal at Jaipur. Rest of the children have been sold to Sunita Devi, Yashoda Pandit, Mahesh Rana resident of Koderma, Mukesh Mandit and Mahesh Rana residents Giridih. I can get the vest of child, who was stolen by us from Ram Chander Shukla crossing, recovered from my home. Thereafter with the hope of recovery of the clothes of kidnapped child, we went to the house of the accused with the police force. The accused going ahead gave a dusty white colored vest near the cupboard, on the neck and arm of which, a black band was available and he stated it to be the vest of the same child whom they stole on 14/05/2023. In the meantime, the complainant along with his wife arrived there and after looking at the vest, stated that this vest belongs to my son Rohit. He was wearing this same vest when he was stolen. The above-mentioned Vest was taken into police custody and kept with mobile in a plastic box and sealed and the currency notes recovered while searching were kept in an envelope and sealed. The accused was informed about his act as a crime under sections 363, 311 of IPC and he was taken into police custody at 4:00 o'clock. The orders and directions of Supreme Court and National H....
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....on was taken to arrest the accused persons. They were arrested after more than five months from the passing of the order. It is pertinent to mention that the accused persons failed to surrender despite non-bailable warrants (for short, "NBW") being issued against them from the Court of the CJM, Varanasi. As per the status report filed by the State, five accused persons, namely, Sunita Devi, Gudiya Devi, Mahesh Rana s/o Ramlal Rana, Sangeeta Devi and Anuradha Devi have been arrested. ii. FIR No. 50/2023 (in Samsher Singh v. State of Uttar Pradesh and Anr.) a) The present case also pertains to the interstate child-trafficking racket which is alleged to have been run by the same accused persons against whom FIR No. 193/2023 was registered at P.S. Bhelupur, Varanasi. During the police investigation of FIR No. 193/2023, the present FIR No. 50/2023 came into the light. The appellant, Samsher Singh is a labourer who makes his living while taking shelter on the streets under Andhrapul Bridge in Varanasi. On 28.03.2023, his one-year-old daughter, Mohini, was kidnapped and upon realizing the same, the appellant and his wife started searching for their child frantically but were u....
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....tation Cantt, Commissionerate Varanasi on dated 29/05/23 via GD 070 for investigation of present case and in hope of recovery of kidnapped child and arrest of accused as per the information provided by the accused arrested in FIR no. 193/23 Under Section 363/177/370(5) IPC namely Shikha Gupta and Manish Kumar Jain etc, for searching and clue, reached at Police Station Chandwara, District Kodarma, Jharkhand on 30/05/2023 and with the help of local police were busy in attempt to recovery of child and arrest of accused, then from Police Station Cantt constable Prem Shankar Patel and SI Anand Chaurasiya, Constable Sachin Singh, Constable Sumit Sahi Police Station Bhelupur, Commissionerate Varanasi and SI Ram Upadhyay, Constable Ejaz Hussain Police Station Chetganj, Commissionerate Varanasi met us at Chandwara Highway in search of kidnapped children and in search of clue. At that time from Prayagraj Police SI Pavan Kumar Singh with his companions SI Vikas Yadav with SOG SI Dinesh Singh, Constable Rakesh Dube, Constable Piyush Vajpeyi, Driver Manoj Kumar Singh in vehicle no. UP70AG2572, with team in search of child Shani Bind related to FIR no. 76/23 under Section 363 IPC Police Station ....
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....eafter Bhelupur police and SI Ram Upadhyay asked her about the girl child stolen from Choukaghat, Varanasi, then she said that about this girl, only Madan Baranwal can tell you about this child who is the relative of Jagvir and Manish Jain. After that the Mirzapur police showed the picture of the girl child kidnapped from their area and enquired about her, then Anuradha said that Jagvir and Gudia had sold a four-five years old child to her in 45 thousand rupees and she sold her to Sangeeta wife of Tulsi Rana resident of Pogdanda working at Health sub center. I was involved in the purchase and sale of many other children. I can get recovered the children kept with Santosh and Sangeeta and can get Jagvir and Gudia arrested. Thereafter, after keeping Anuradha under supervision, we reached the place told by her at Manjhgawa at the house of Santosh Sav where Anuradha signalled towards a person who was carrying a child and told that this is the same child who was stolen from Prayagraj. On this we police officials enquired about the child from Santosh Sav through different questions. He stated his name as Santosh Sav son of Bihari Sav aged 37 years, resident of Manjhgawa, Post Office Kako....
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.... about the incident and inquired. Then that person was shocked on seeing Anuradha, Gudiya, Sangeeta and recovered children and accepted his mistake and apologized for his mistake and told that my name is Jagvir Baranwal son of Sahdev Modi, aged 41 years resident of village Mahugai, Post Office and Police Station Chandwara, District Kodarma, Jharkhand. One of my relatives is Manish Kumar Jain resident of Jaipur, through him I came into contact with a lady from Banaras namely Shikha Gupta who with the help of her companions Vinay, Tannu and Santosh steal children and used to give to me and I with the help of Gudiya and Anuradha sell them after finding customers. Thereafter Jagvir Baranwal was searched and from his right hand a Galaxy A 30S, IMEI 35857711144744/ 358578101144742 android was found. Then Gudiya, who was with us, apologized stating that she knew Madan Baranwal, Jagvir Baranwal, Manish Jain and Anuradha for a long time and I help to sell children with help of them and I receive commission for that. My name is Gudiya Devi wife of Sakal Dev Yadav, age 30 years, resident of Gandhi School Road, Tilaiya, Kodarma. Sir, I also have a keypad mobile, I am giving the same to you. Wh....
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.... Before CJM, District Varanasi Criminal Case No. 118963/2023 Cause Title: State v. Kuldeep Paswan @ Kuldeep Ram & Ors. Stage: For committal NDOH: 03.04.2025" B. CHILD TRAFFICKING i. Global Context 10. The UN Convention on the Rights of the Child, 1989 (CRC), recognises the importance of family and the importance for a child to grow in a family environment. [Convention on the Rights of the Child arts. 7 & 8, Nov. 20, 1989, 1577 U.N.T.S. 3] It also casts a duty on the State to ensure that children should not be separated from their parents against their will except when it is in the best interests of the child. Adoption is considered an alternate care mechanism for children who are unable to live with their parents due to various circumstances and adoption is preferred over institutionalisation. 11. In 1993, The Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption [Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, May 29, 1993, 1870 U.N.T.S. 167.] was introduced to have a global regulatory system to ensure that adoptions take place through a s....
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....s to adopt. At any given point in time, there are parents waiting for at least 3-4 years to adopt. Even after being processed and children being matched, the necessary verification processes also take a long time. Such long delays have created an increase in the demand for children who are declared legally fit for adoptions, and has consequently attracted trafficking of children for the purpose of adoption. 14. In 2016, in her thematic report, the UN Special Rapporteur on the sale of children, child prostitution and child pornography, documented illegal adoptions and concluded that "adoptions resulting from crimes such as abduction and sale of and trafficking in children, fraud in the declaration of adaptability, falsification of official documents or coercion, and any illicit activity or practice, such as lack of proper consent by biological parents, improper financial gain by intermediaries and related corruption, constitute illegal adoptions and must be prohibited, criminalised and sanctioned as such". [Report of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, U.N. Doc. A/HRC/34/55 (Dec. 22, 2016)] The Report documents demand for chil....
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....tice system. As the instances shared hereinabove indicate, the traffickers are operating with impunity and have deftly adapted to the advances in technology using it to their benefit. 19. Following the definition in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the UN Convention against Transnational Organised Crime and after signing and ratifying, Indian government adapted by way of an amendment in 2013 to the Penal Code added Sections 370 and 370A of the Indian Penal Code. Subsequently, the enactment of the new criminal laws essentially replicated the same provisions that were existing as Section 370 and 370A of the IPC respectively into Section 143 and 144 BNS respectively. 20. Trafficking in persons now is more expansively defined. In addition to the conventional understanding of trafficking being synonymous to sex trafficking and forced labour, trafficking includes other forms as long as there is "recruitment, transportation, transfer, harbouring or receipt of person" for the purposes of exploitation using threat, using force, forms of coercion, abduction, fraud, deceit, abuse of power or vulnerability or....
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....ers, the requirement that foreigners wishing to adopt be sponsored by relevant licensed agencies in their own country, that no adoption application from a foreigner should be entertained directly by any adoption agency in India, that agencies working on inter-country adoptions and licensed by the Government of India must meet certain stipulated criteria and undertake specific responsibilities in ensuring the safety and wellbeing of adopted children, and that all inter-country adoption proceedings must be approved by the local courts. 24. Over the years, human trafficking has manifested into various forms of exploitation and child trafficking has increased. It has been documented that children are being trafficked for: i) Sexual exploitation; ii) Forced labour; iii) Begging and petty crimes; iv) Armed conflict; v) Child marriage; vi) Illegal adoption. 25. Each of the above has further manifestations within itself. Trafficking for forced criminality is raising at alarming levels since traffickers have realised the protections offered to children in the juvenile justice system in many jurisdictions. A protection mechanism for....
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....e law. This seems to have led to a demand for children and traffickers taking advantage of this demand. 29. Lakshmikant Pandey (supra) primarily dealt with cases where the biological parents were coerced in diverse ways to part with their children and then those children were given in adoption to prospective parents outside India. In the present set of cases, a cognizable offence is made out at the outset with the kidnapping of children, multiple transactions of the sale of children ultimately handing over custody illegally. iii. Missing Children and Trafficking. 30. In Bachpan Bachao Andolan v. Union of India & Ors., reported (2014) 16 SCC 616, this Court dealt with issues regarding the manner in which a complaint about a missing child was being handled by the local police station. The Court heard the National Human Rights Commission and the National Legal Services Authority and issued directions with a view to ensuring that cases of missing children are presumed to be taken as cases of abduction or trafficking unless the investigation shows otherwise. Some of the key directions issued by this Court which are relevant for the present case are: "1. ...in case of c....
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....accompanied by family members during the course of trafficking. As per NCRB Data for 2019 this comes to 44.04% (2914 victims were minor out of total 6616 trafficked victims). Promise for paid work, to pay back or support parents were the main reasons for trafficking in case of minor at the time of trafficking. 5. Sexual exploitation, violence, beating, over work and deprivation of sleep and food were some of the types of physical and sexual abuse/violence experience by trafficking victims and sex workers. About 58% victims also experience injuries during their trafficking. 6. Victim re-trafficking is a common occurrence, especially in socially and economically disadvantaged areas. As per Report of International Organisation for Migration (IOM), one study found rates of re-trafficking in India to be 25.8 per cent among women trafficked for sexual exploitation; of this figure, 8.4 per cent had been trafficked on three or more occasions. 7. There is an increase in the recruitment of vulnerable people for online sexual exploitation by traffickers, as well as a growing market for child sexual abuse material and technology facilitated child sex trafficking. ....
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....scribe their experiences are directly impaired as a result of such abuse. Victims found that it is difficult to make personal sense of the abuse they have experienced, much less tried to explain it to the authorities of shelter home or counsellors. 15. Social withdrawal, poor communication skills, inability to express feelings, difficulty with adjustment, lack of motivation and aggression, sexual activeness, nightmares, inability to make friendship and frightened of adults and strangers were some of the behavioural impacts reported by victims of human trafficking. 16. The level of awareness about schemes and programmes among the trafficked victim respondents was reported very low as negligible proportion of respondents were found aware about a few schemes such as Beti Bachao, Beti Padao, Swadhar Greh, Ujjawala, child line and children's homes. A negligible proportion of respondents further reported that they get benefits under Ujjawala, Swadhar, compensation for sexual exploitation and children homes scheme. 17. Only 3.6% victim respondents were aware about Compensation Scheme for Women Victims/Survivor of Sexual Assault/other crime-2018 and only 2.6% res....
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...., text messages and mobile based applications, taking advantage of a loophole in the law which is silent on regulating the proliferation, promotion and advertisement of prostitution on digital platforms and even though leaflets /pamphlets. In the name of Cross Gender Massage Services, Organized Sexual Services are being provided at Night Clubs, Massage Parlours, Spas, Luxury Hotels & Resorts, Motels, Dance Bars, Private Residences, huts and even vehicles etc. 26. Poverty and illiteracy have been identified as two primary causes of trafficking and primary data simply supports this theory as most of the parents of trafficked victims are illiterate and were living in object poverty. 27. About 60% parents of victim respondents said that family members are the facilitators followed by friends/relatives (11.8), contractors/agents (5.9%) and placement agencies (2.9%). Surprisingly 23.5% respondents reported that their children run away from home. 28. Most of the (about 37%) parents reported that their children were working as forced labour-domestic works. 29. About 31% parents reported that their children were working in hazardous industries, metallurgi....
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.... for women's sexual services and derived demand-profit and revenue generated by third parties including recruiters are some of the demand side factors responsible for human trafficking identified in this research. 37. Abuse of vulnerability/promise and offering money / jobs, allurement/ be funding / enticing with attractive offers, deception, fraud making, false promises of marriage, physical force / use of force and threats were some of the modus operandi of traffickers. 38. A negligible proportion of victims (5.3%), traffickers (0.0%), parents (0.7%) and client's (4.8%) respondent were found aware of National Human Rights Commission. The awareness level was found slightly significant among women and children victims followed by clients. The main sources of information about NHRC were reported to be NGOs followed by print media and electronic media. 39. About 56% of respondents, who were aware about NHRC, were partially aware of role and functions of NHRC. It was found more pronouncing among the parents followed by women and child victims, law enforcement agencies and clients. Slightly more than 1/3rd respondents were found fully aware of role and functi....
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....d under-resourced raids directed by inexperienced or poorly supported workers, a situation that can and does inflict additional trauma on vulnerable children. 4. The Rescue Protocol states that details of the rescue and the identities of rescued children must remain strictly confidential, and should not be disclosed to outside parties, including the media. Yet privacy breaches concerning occurrences and information leaks before, during and after raids are frequent. 5. Service Provider Respondents stated that employers are often alerted to impending raids, and that unsuccessful rescue operations can increase the risk of employers retaliating against children. 6. Most of the Government official stated that rescue team members directly solicit media involvement so 'the public could understand that this type of activity is a crime and punishable offence'. Publicity generates risks of retaliation against rescued children, increased social stigma and difficulty in reintegration. Moreover, widespread sensationalized media coverage of raids plays an important role in simplifying the complex underlying social and economic problems that perpetuate this problem. ....
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....n hostile. Corruption, pressure from superiors/politicians and lack of review mechanism force the officers in non-reporting of incidents. Moreover, the child protection mechanisms are very weak and they are not properly enquiring the victims and following the procedures. They don't have any power or authority to influence the police officers. 12. The major challenges being faced by agency in encountering with investigation of cases frequently reported of lack of victim cooperation/victim distressed, community ignorance and lack of identity as Victims do not identify themselves as a Victim. However, other important challenges were reported to be language /cultural barriers, lack of adequate resources, victims do not identify themselves as victims, lack of support with victim support providers, lack of adequate training and knowledge as well as lack of procedures and clear jurisdiction. 13. NGOs and Service Providers reported that most of the AHTU or police relied on NGOs to report victims to the police for action. In some cases, poor inter-state coordination impeded victims' ability to obtain services and participate in civil and criminal cases upon return to their....
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....ies are playing a major role in trafficking minor girls as well as children for the purpose of labour, sex slavery and forced marriages. 19. The traffickers have changed their modus operandi with the changes in law and society. In most of the cases the trafficker is known to the victim who convinces the victim and her/his family and further sell them over to placement agent. 20. For objecting the work given by placement agencies, the victims are tortured, thrashed and beaten up badly, many times these victim girls report sexual violence and assault by the placement agents and even by their employers. The girls are kept confined in the placement agencies till the time they are sold further. These placement agencies keep on changing their addresses, name and contact details to escape from law. 21. Most of the Traffickers (98%) reported that Relatives /family members, neighbour / friends and other middle men are playing critical role in making women and children more vulnerable to join trafficking. 22. Big profit and lack of alternative livelihood for trafficker are the main reasons for continuity act of human trafficking. 23. Witness turni....
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....s admitted that they learn such knowledge from training, conference and workshops. Thus, about 2/3rd respondents revealed that their knowledge about legislations on human trafficking is at average level. 31. Majority of the Law Enforcement Agency respondents (64.5%) reported that section-7 and 8 are most commonly used sections of ITPA. However, about 58.1% respondents revealed that section-3 and 4 are most commonly used sections of ITPA. 32. There is a lack of integrated information system about the trafficked person and the traffickers/brothel owners/operators. 33. Police involvement in perpetuating the practice of trafficking is reported by traffickers, NGOs as well as brothel keepers. Raid and rescue efforts have often resulted in police harassment, detention and abuse of women and minor girls as reported by victims rescued from the brothels of Pune and Mumbai. Although rescue efforts provide an important means of escape for women and minor girls in CS and a pathway to support services, when implemented poorly without sufficient police training and adequate insight about the commercial sex network, it has become traumatising for women and minor girls. ....
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....ecovery memo or charge sheet, therefore most traffickers and brothel owners are able to evade legal capture. 5. Most of the rescued victims (56%) have reported that the statement of the complainant/ victims is changed or ignored during the investigation, and it is not video-graphed as required by law. Even it is videotaped, they are not sent to the court with the charge sheet. 6. Inappropriate charge sheet, witness turn hostile, poor evidences and lack of victim or witness protection are some of the loopholes in law enforcement mechanism for low-rate of prosecution. 7. Service Providers, NGOs, Parents, Programme Administrators and Public Prosecutors have reported that at different levels of government, a lack of comprehensive responsibility for wrongdoing and corruption persisted, contributing to widespread impunity. 8. During FGDs with the Service Providers, NGOs, Parents, Programme Administrators and Public Prosecutors it was deliberated that the survivors/families are forced to become hostile and refuse to testify in the trial court due to social pressure, threats, intimidation, bribes, police collaboration, protracted trials, cross-cases, and....
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.... missing children as abduction or trafficking until proven otherwise as per Direction of The Supreme Court in 2013 and search for these people in every possible location. When children disappear, Law EAs should start the missing person's process, look into what happened, disseminate information, and conduct investigations, collaborating with other agencies as needed. 2. About 31 percent Parent respondents reported that their children were working in hazardous industries- metallurgical industries, coal, fertilizers, mining, chemical & petrochemicals, cement and firecracker workshops. We recommend that provisions of The Juvenile Justice (Care and Protection) of Children Act, 2000: and The Child Labour (Prohibition and Regulation) Act, 1986: should be implemented in letter and sprits. Violators should be punished. Regular check of hazardous industries/units must be carried out by the Labour Inspectors. 3. The idea of community policing needs to be made more widely known in order for people and non-governmental organisations to get involved in policing to stop and combat the trafficking of women and children. 4. Anti-Human Trafficking units (AHTUs) are curren....
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....by Forensic Evidences for filling a charge sheet instead of a statement under section 161 of the Cr.P.C., as this will almost certainly increase the chances of offenders being convicted. 8. A qualified and experienced investigative agency, such as the National Investigation Agency (NIA), which has been mandated to look into interstate and international trafficking crimes, is urgently required for the proper investigation of human trafficking cases. We support the full capacity building of law enforcement and prosecuting organisations, including providing them with state-of-the-art methods and tools for obtaining information and forensic evidence, as well as witness and victim protection, which may lead to a more severe conviction. 9. Recruitment agencies, document forgers, brokers, brothel owners, debt collectors, managers and owners of employment agencies, corrupt immigration officials, consular staff, embassy staff, law enforcement officers, border guards who accept bribes in exchange for passports, visas, and safe transit, and all others who are involved by their acts of omission and commission that result in exploitation should be dealt harshly under law. ....
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....things worse. This nexus has to be broken up as soon as feasible. 14. It is advised that rescue teams strictly follow rescue protocols and include a representative from the Department of Labor, representatives from the CWCs, a local non-profit, a doctor, and a female police officer or volunteer. Almost every stakeholder reported that police do not follow standard rescue protocol. 15. Enforcing the law in relation to applicable Acts like CLPRA, BLSA, IPTA, JJA, and IPC involves not only police but also many other authorities involved in the Criminal Justice System, such as executive magistrates, labour officials, CWC members, and incharges of Homes. In order to strengthen the state's investigation and prosecution apparatus in this area, the State government should create a time-bound action plan. 16. The development of all stakeholders' capacities and a regular programme of gender sensitization are absolutely necessary. 17. A First Information Report should be filed in every instance of child labour, the case should be thoroughly investigated, and the offenders should be punished. As a result, there is an urgent need to train and sensitise labour ....
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....rivate. Antitrafficking legislation must be enforced properly, which necessitates educating individuals about the laws in place so that these rights are respected and upheld in practice. There are provisions for victim confidentiality, in camera trial (Section 327 CrPC), and compensation (Section 357 CrPC) in the existing laws. These provisions should be applied in relevant circumstances to protect victims' rights. In dealing with instances, the National Human Rights Commission has a larger role to play, and it must make recommendations and adopt remedial actions." C. ROLE OF EACH OF THE ACCUSED PERSONS 35. We shall now give a fair idea as regards the role of each of the accused persons and other details as to how they came to be released on bail by the High Court. The details of the accused persons are as follows: - S. NO. PARTICULARS 1. Item No. 12 SLP (Crl.) D-No. 50420/2024: 230-days delay in filing Accused: Santosh Sao Role of Accused: Santosh Sao is a resident of Jharkhand who was involved in the illegal purchase of a kidnapped minor boy-child named Sunny Nishad, who is a victim in connected case bearing FIR No. 76/2023 registered in P.S. Dara....
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....e, along with his father, Santosh Gupta and others, kidnapped multiple children from various locations, including Chowka Gate, Allahabad, and Mirzapur, between March and April 2023. After the kidnappings, he helped transport the children to Shikha Devi, who facilitated their sale. He participated in the kidnapping of the minor children, most of whom were sold to buyers in Jharkhand, often for sums between Rs. 40,000 and Rs. 1,50,000. FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi; FIR No. 201/2023, P.S Cantt, Varanasi; FIR No. 50/2023, P.S. Chetganj, Varanasi; FIR No. 74/2023, P.S Vindhyachal, Mirzapur and FIR No. 76/2023, P.S Daraganj, Prayagraj. Consideration by High Court while granting Bail In FIR No. 193/2023: - * He has not been named in the FIR. Name was disclosed by co-accused in police custody. * Co-accused Manish Jain has been granted bail. . He has been in custody for 1-year 2-months. In FIR No. 193/2023: - "Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case [....
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.... In FIR No. 201/2023: - * Not tamper with the evidence during trial; * Not pressurize / intimidate the prosecution witnesses; * Appear on each and every date fixed by the trial court, unless personal presence is exempted; * Shall make himself available for interrogation by a police officer as and when required * Not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; * Not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; * Not leave India without the previous permission of the Court; and, * In the event, he changes residential address, he shall inform the court concerned about new residential address in writing. 5. Item No. 12.5 SLP (Crl.) D-No. 49600/2024: 202-days delay in filing. Accused: Yashoda Devi Pandit Role of Accused: Yashoda Devi Pandit, along with her husband Mukesh Pandit, purchased the Petitioner, Sanjay's minor son, Rohit for Rs. 2,60,000 from co-accused Jagveer Baranwal, Anu....
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....nd finalizing the deal for the trafficked child. The police later recovered the child from their home in Hazaribagh, Jharkhand. FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi and FIR No. 74/2023, P.S Vindhyachal, Mirzapur. Consideration by High Court while granting Bail: "Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co accused has already been released on bail by this Court and without expressing any opinion on the merit of the case [ ... ]" Conditions of Bail granted by High Court: * File an undertaking to the effect that applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law; * Remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section....
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....ot recovered from his possession. " Out of four cases of criminal history, one bail order has been appended. . Similarly situated co-accused in terms of role; Nandlal Ram has been granted bail. In FIR No. 50/2023: - "Considering the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A., without expressing any opinion on the merits of the case [ ... ]" Conditions of Bail granted by High Court * Not tamper with the prosecution evidence; and, * Remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against the applicant in accordance with law. In FIR No. 201/2023: - Attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release. * Not tamper with the witnesses; " Not indulge in any illegal activities during the bail period. In ....
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....he event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing. 9. Item No. 12.9 SLP (Crl.) D-No. 50422/2024: 182-days delay in filing. Accused: Anuradha Devi Role of the Accused: Anuradha Devi, a nurse at a primary health centre in Hazaribagh, Jharkhand, is the kingpin of the organized inter-state child trafficking racket. Using her unrestricted access to vulnerable children, she orchestrated the kidnapping and trafficking of minor children. With the help of her associates namely, Jagveer Baranwal, Manish Jain, Gudiya Devi, Shikha Devi, Vinay Mishra, Shivam Gupta and others, she bought trafficked children at prices as low as Rs. 20,000 and sold them at significantly higher rates, amounting to Rs. 3,50,000. Her operation is extensive, involving numerous transactions where children were trafficked from various regions. Anuradha's heinous role in exploiting and selling minor children is supported by the statements of several co-accused. FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi; FIR No. 201/2023, P.S Cantt, Varanasi; FIR No. 74/2023, P.S Vindhyachal, Mirzapur and FIR ....
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....e police in Varanasi while attempting to sell a 4 year-old boy-child named Rohit, a trafficked victim child in FIR No. 193/2023 (P.S. Bhelupur). FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi; FIR No. 201/2023, P.S Cantt, Varanasi and FIR No. 50/2023, P.S. Chetganj, Varanasi. Consideration by High Court while granting Bail: In FIR No. 193/2023: - "Considering the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A., without expressing any opinion on the merits of the case [ ... ]" In FIR No. 50/2023: - * No material on record with regard to tampering of evidence or intimidation of witness. * Pendency of several criminal cases against the accused itself no basis for refusal of bail. * No evidence with regard to criminal antecedents. " Bail is a rule, jail is an exception Conditions of Bail granted by High Court In FIR No. 193/2023: - * File an undertaking to the effect that applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse o....
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....No evidence regarding criminal antecedents. Conditions of Bail granted by High Court: * Not tamper with the evidence during the trial; * Not pressurize/intimidate the prosecution witness; * Appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make herself available for interrogation by a police officer as and when required; * Not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected; * Not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; * Not leave India without the previous permission of the Court; and, * In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing. 12. Item No. 12.13 SLP (Crl.) D-No. 50453/2024: 96-days Delay in filing Accused: Kuldeep Paswan @ Kuldeep Ram Role of the Accused: Kuldeep Paswan is a resident of Jharkhand who played a signi....
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.... NBW issued vide order dt. 17.02.2025 by CJM in Crl. Case No. 93745/2023. Bail order set aside by this Court in SLP (Crl.) No. N.A. 1046/2024 vide order dated 24.09.2024. 6. Manish Jain On Bail Vide order dt. 27.02.2024 in Crl. Misc. Bail Appl. No. 291/2024. On Bail Vide order dt. 21.11.2023 in Crl. Misc. Bail Appl. No. 47898/2023. On Bail Vide order dt. 27.05.2024 in Crl. Misc. Bail Appl. No. 17559/2024. 7. Nandlal Ram On Bail Vide order dt. 14.03.2024 in Crl. Misc. Bail Appl. No. 42319/2023. N.A. N.A. 8. Kuldeep Paswan @Kuldeep Ram On Bail Vide order dt. 25.04.2024 in Crl. Misc. Bail Appl. No. 51046/2023. N.A. N.A. 9. Sanjay Modanwal N.A. On Bail Vide order dt. 12.08.2024 in Crl. Misc. Bail Appl. No. 18231/2024. N.A. 10. Shivam Gupta @Praveen Modanwal On Bail Vide order dt. 26.07.2024 in Crl. Misc. Bail Appl. No. 25766/2024. Order granting bail has not been challenged. On Bail Vide order dt. 18.07.2024 in Crl. Misc. Bail Appl. No. 26287/2024. 11. Mahesh Rana N.A. On Bail Vide order dt. 07.02.2024 in Crl. Misc. Bail Appl. No. 51016/2023. N....
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....and and Rajasthan. The affidavit also indicates the nature of evidence that has been collected by the Police and it is averred that those will show the complicity of accused. 7. The punishment envisaged in the event of conviction for the charged sections is minimum 14 years which can extend upto life imprisonment. Notwithstanding the serious nature of the crime as also the likely involvement of the accused in the child trafficking racket, we notice from the impugned order(s) that the High Court without considering the relevant parameters in cases of this nature, granted bail to the accused. 8. The concerned accused despite service have failed to appear in Court to defend the bail order. 9. We are therefore of the considered opinion that the bail order(s) requires our interference. Accordingly, the impugned orders of the High Court dated 04.10.2023, 08.11.2023, 09.11.2023, 12.12.2023 and 15.12.2023 granting bail to the accused Gudiya Devi, Mahesh Rana, Santosh Saw, Sangeeta Devi, Anuradha Devi & Sunita Devi are set aside and quashed. The appeals are allowed. As the bail is being cancelled, all the accused must immediately surrender. If they do not do so, t....
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....ontinue indulging in such nefarious activities which constitute a very serious crime. 42. In such circumstances referred to above, Ms. Bhat prayed that there being merit in all her appeals those may be allowed and the orders passed by the High Court granting bail to the accused persons be set aside and they should be ordered to be taken back in custody. ii. Submissions on behalf of accused persons; Santosh Sao and Jagveer Baranwal. 43. Ms. Tanya Agarwal, the learned counsel appearing for one of the accused persons, namely, Santosh Sao submitted that her client cannot be said to be one of the members of the gang operating for the purpose of human trafficking. She would submit that her client is a poor man residing in a small village in the State of Jharkhand. He is a father of four daughters (aged between 16 years - 3 years). The counsel would submit that her client is the sole bread earner of the family. It was argued that the accused Santosh Sao has no role to play either in kidnapping or selling. She further argued that the trafficked child was not found from the custody of her client but was found from the custody of one Nand Lal Ram. According to the learned counsel th....
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....falls for our consideration is whether the High Court committed any error in passing various orders releasing the accused persons on bail? 51. In Bachpan Bachao and Ors v. UOI and Ors. reported in 2010 SCC OnLine Del 4613, A.K. Sikri, J. (as His Lordship then was) speaking for the Bench observed that: - "17. Trafficking in women and children is the gravest form of abuse and exploitation of human beings. Thousands of Indians are trafficked everyday to some destination or the other and are forced to lead lives of slavery. They are forced to survive in brothels, factories, guesthouses, dance bars, farms and even in the homes of well-off Indians, with no control over their bodies and lives. The Indian Constitution specifically bans the trafficking of persons. Article 23, in the Fundamental Rights, Part III of the Constitution, prohibits "traffic in human beings and other similar forms of forced labour". Though there is no concrete definition of trafficking, it could be said that trafficking necessarily involves movement/transportation, of a person by means of coercion or deceit, and consequent exploitation leading to commercialization. The abusers, including the traffickers....
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....(Prevention) Act, 1986 (ITPA), colloquially called PITA, and amendment to SITA. Neither law prohibits prostitution per se, but both forbids commercialized vice and soliciting. 18. India is said to have adopted a tolerant approach to prostitution whereby an individual is free to carry on prostitution provided it is not an organized and a commercialized vice. However, it commits itself to opposing trafficking as enshrined in Article 23 of the Constitution which prohibits trafficking in human beings. India is also a signatory to international conventions such as the Convention on Rights of the Child (1989), Convention on Elimination of all forms of Discrimination Against Women (1979), UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000) and the latest South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (2002). A trafficked victim is, therefore, a victim of multiplicity of crimes, and extreme form of abuse and violation of human rights. The constitution of India, under Article 23 specifically prohibits trafficking in human beings. A....
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....ption, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation [...]" It is further submitted by the learned Solicitor General that children under 18 years of age cannot give a valid consent. It is further submitted that any recruitment, transportation, transfer, harbouring or receipt of children for the purpose of exploitation is a form of trafficking regardless of the means used. Three significant elements constitute trafficking: (a) The action involving recruitment and transportation; (b) The means employed such as force, coercion, fraud or deception including abuse of power and bribes; and (c) The preliminary purpose being of exploitation including prostitution, etc. Internationally, there is a working definition of child trafficking. The working definition is clear because it incorporates the above three elements. In June 2001, India has adopted the PALERMO Protocol to evolve its working definition of child trafficking. The forms and purposes of child trafficking may be : - ....
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....bvious that the nature of the charge is the vital factor and the nature of the evidence also is pertinent. The punishment to which the party may be liable, if convicted or conviction is confirmed, also bears upon the issue. 8. Another relevant factor is as to whether the course of justice would be thwarted by him who seeks the benignant jurisdiction of the Court to be freed for the time being [ Patrick Devlin, The Criminal Prosecution in England (Oxford University Press, London 1960) p. 75 - Modern Law Review, Vol. 81, Jan. 1968, p. 54.] 9. Thus the legal principles and practice validate the Court considering the likelihood of the applicant interfering with witnesses for the prosecution or otherwise polluting the process of justice. It is not only traditional but rational, in this context, to enquire into the antecedents of a man who is applying for bail to find whether he has a bad record - particularly a record which suggests that he is likely to commit serious offences while on bail. In regard to habituals, it is part of criminological history that a thoughtless bail order has enabled the bailee to exploit the opportunity to inflict further crimes on the member....
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....ed but that by itself cannot be a guiding factor in the matter of grant of bail and the same should and ought always to be coupled with other circumstances warranting the grant of bail. The nature of the offence is one of the basic considerations for the grant of bail - more heinous is the crime, the greater is the chance of rejection of the bail, though, however, dependent on the factual matrix of the matter." (Emphasis supplied) 56. In Kalyan Chandra Sarkar v. Rajesh Ranjan reported in (2004) 7 SCC 528, this Court held that although it is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of the case, yet the court is required to indicate the prima facie reasons justifying the grant of bail. 57. In Prasanta Kumar Sarkar v. Ashis Chatterjee reported in (2010) 14 SCC 496, this Court observed that where a High Court has granted bail mechanically, the said order would suffer from the vice of non-application of mind, rendering it illegal. This Court held as under with regard to the circumstances under which an order granting bail may be set aside. In doing so, the factors which ....
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....mined on the anvil of the existence of supervening circumstances or violations of the conditions of bail by a person to whom bail has been granted. [...]" (Emphasis supplied) 59. One of the judgments of this Court on the aspect of application of mind and requirement of judicious exercise of discretion in arriving at an order granting bail to the accused is Brijmani Devi v. Pappu Kumar reported in (2022) 4 SCC 497, wherein a three-Judge Bench of this Court, while setting aside an unreasoned and casual order [Pappu Kumar v. State of Bihar reported in (2021) SCC OnLine Pat 2856 and Pappu Singh v. State of Bihar reported in (2021) SCC OnLine Pat 2857] of the High Court granting bail to the accused, observed as follows: - "35. While we are conscious of the fact that liberty of an individual is an invaluable right, at the same time while considering an application for bail courts cannot lose sight of the serious nature of the accusations against an accused and the facts that have a bearing in the case, particularly, when the accusations may not be false, frivolous or vexatious in nature but are supported by adequate material brought on record so as to enable a court to arr....
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....s and exercise of jurisdiction in nullifying an order granting bail in an appeal when the bail order is assailed on the ground that the same is perverse or based on irrelevant considerations or founded on non-consideration of the factors which are relevant. 62. We are absolutely conscious that liberty of a person should not be lightly dealt with, for deprivation of liberty of a person has immense impact on the mind of a person. Incarceration creates a concavity in the personality of an individual. Sometimes it causes a sense of vacuum. Needless to emphasise, the sacrosanctity of liberty is paramount in a civilised society. However, in a democratic body polity which is wedded to the rule of law an individual is expected to grow within the social restrictions sanctioned by law. The individual liberty is restricted by larger social interest and its deprivation must have due sanction of law. In an orderly society an individual is expected to live with dignity having respect for law and also giving due respect to others' rights. It is a well-accepted principle that the concept of liberty is not in the realm of absolutism but is a restricted one. The cry of the collective for just....
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....erent states has been busted by the police. Three individuals, including two women, were arrested in connection with the case, and two infants-one just four to five days old-were rescued. According to police, the gang operated across state lines, targeting remote villages and hospitals in Rajasthan and Gujarat. Newborns, some barely days old, were stolen and then kept in slum areas around Delhi before being sold to childless couples for sums ranging from Rs. 5 to Rs. 10 lakh. So far, police believe the gang trafficked at last 35 infants into Delhi. Efforts are underway to trace the origins of the rescued children and locate their biological parents. The breakthrough came on April 8, when the special staff team of Dwarka district received a tip off about an infant being allegedly sold in Uttam Nagar. "Acting swiftly, police reached the location near Uttam Nagar East Metro Station and found a silver car parked on the roadside. Inside, a newborn was found crying uncontrollably in the sweltering heat, suffering from hunger and dehydration," a senior police officer said, adding, "Ignoring the child's desperate cries, the occupants of the vehicle were allegedly busy negotiating ....
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....High Court while granting bail to all the accused persons was to impose a condition on each of them to mark their presence once in a week at the concerned police station so that the police can keep a check over the movements of all the accused persons. All that the High Court did was to direct the accused persons to remain present before the trial court. In none of the impugned orders there is a condition of marking presence at the concerned police station as a result, the police lost track of all these accused persons. 68. We are thoroughly disappointed with the manner in which the State handled the situation. Why did the State not do anything for all this period of time? Why did the State not deem fit to challenge the orders of bail passed by the High Court? The State unfortunately has exhibited no seriousness worth the name. 69. The accused, namely, Santosh Sao claims to be a poor man and a father of four minor daughters. Unfortunately, the role ascribed to Santosh Sao is also very dubious. It appears prima facie that Santosh Sao was longing for a son and he went to the extent of purchasing a trafficked minor male child, named, Sunny Nishad. The case against him is that he....
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....il liberty in exact proportion to their disposition to put moral chains upon their own appetites, in proportion as their love to justice is above their rapacity, in proportion as their soundness and sobriety of understanding is above their vanity and presumption, in proportion as they are more disposed to listen to the counsels of the wise and good, in preference to the flattery of knaves. Society cannot exist, unless a controlling power upon will and appetite be placed somewhere; and the less of it there is within, the more there must be without. It is ordained in the eternal constitution of things, that men of intemperate minds cannot be free. Their passions forge their fetters." [John C. Nimmo, The Works of the Right Honourable Edmund Burke: A Letter to a Member of the National Assembly, vol. 4 (London).] (Emphasis supplied) 73. Thus, certain restrictions or limitations, on the exercise of personal liberty, by the State or other such human agency, are necessary elements, in the interest of liberty of a well-ordered society or societal interest. [Quentin Skinner, The Paradoxes of Liberty, The Tanner Lectures on Human Values, Harvard Univ., Oct. 24-25, 1984. of social ....
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....ion of personal freedom, ephemeral or enduring, must be founded on the most serious considerations relevant to the welfare objectives of society, specified in the Constitution." (Emphasis supplied) 76. In no circumstances, the High Court could have released Santosh Sao, Jagveer Baranwal & Manish Jain respectively on bail. 77. In such circumstances referred to above, we are of the view that we should set aside all the orders passed by the High Court granting bail to the accused persons and they should be asked to surrender before the trial court. 78. The final word: The true test to ascertain whether discretion has been judiciously exercised or not is to see whether the court has been able to strike a balance between the personal liberty of the accused and the interest of the State, in other words, the societal interests. Each bail application should be decided in the facts and circumstances of the case having regard to the various factors germane to the well settled principles of grant or refusal of bail. In the words of Philip Stanhope, "Judgment is not upon all occasions required, but discretion always is". 79. In the result all these appeals succeed and are allowe....
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....rs as regards compensation to the victims under the provisions of the BNSS 2023 including under the Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh managed by the Child Welfare Committee. j. All the State Governments across the country are directed to look into the report of BIRD dated 12.04.2023 more particularly the recommendations, as reproduced by us in para 34 of this judgment. k. All the State Governments are directed to study the entire report and start implementing each of the recommendations by working out appropriate modalities in that regard. l. We direct all the High Courts across the country to call for the necessary information as regards the status of the pending trials relating to child trafficking. Once each of the High Courts is able to collect the necessary data as regards the status of the trials, a circular thereafter shall be issued on its administrative side to all the concerned trial courts to complete the trials within a period of six months from the date of the circular and if need be, by conducting the trials on day-to-day basis. Each of the High Courts shall thereafter forward a report to this Court as regards the comp....
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....e year 2020 which facilitates dissemination of information, inter alia, about child trafficking crimes, on real time basis. 5. At this point, the results of the coordinated efforts made by the Union Home Ministry with the States and the Union Territories are not before us. The Union of India should therefore coordinate with all the stakeholders, collect and collate data on the issues noted hereunder and also file the report before this Court: (i) How many children missing cases have been registered in each District/State since 2020 i.e. when the Cri-MAC was launched? (ii) From the registered cases, how many children have been recovered within the stipulated period of 4 months and how many are yet to be recovered? (iii) Whether a functional Anti-Human Trafficking Units in each district is established and if so (number of cases entrusted to the respective Anti-Human Trafficking Units). (iv) The powers conferred on the Anti-Human Trafficking Units under applicable laws. (v) The number of pending prosecutions relating to child trafficking cases in each District/State. (vi) Year-wise data be provided including the steps the ....