Denial of Bail in Child Trafficking Case: Judicial Insights

Headnote

The High Court of Delhi denied bail to Rajkumar, accused of child trafficking under IPC Section 370, after weighing the gravity of the charges against him. Despite his prolonged custody and claims of false implication, the court observed significant evidence supporting his involvement, including clear photographs. The court emphasized the psychological impact on the trafficked infant and the failure of police to arrest a key co-accused.

Background

1. Rajkumar seeks regular bail in FIR No. 293/2024 for offenses under Section 370 and 81 JJ Act.
2. The accused has been in custody for over two and a half years; trial witnesses have been examined.
3. Rajkumar claims false implication, asserting he is the uncle of co-accused Deepika, who has been granted bail.

Court’s Observations

1. The prosecution's allegation involves impersonation and sale of a child for adoption.
2. Despite prolonged custody, the accused's visible role in the alleged crime is evident in photographs.
3. The court criticized the selective arrest policy of the police, specifically regarding the unarrested co-accused Dr. Kulvinder Kaur.
4. The psychological effects on the trafficked infant were highlighted, necessitating protective action by the state.
5. The lack of police action against key accused members raises concerns about the investigation's integrity.
6. The request for parity with co-accused Deepika was rejected due to distinct circumstances of her bail.

Legal Provisions Discussed

1. Section 370 IPC.
2. JJ Act.