New Delhi, Nov 4 (PTI) The Delhi High Court has cancelled the bail granted to two women, allegedly involved in an inter-state child trafficking racket, saying the magnitude and nature of the crime involving commodification of newborns warrant highest degree of judicial scrutiny.
The high court noted that the offence alleged was not an isolated transaction but a well-planned, profit-driven syndicate in child trafficking and the investigation revealed a well-knit chain linking suppliers, couriers and recipients across multiple states.
Justice Ajay Digpaul set aside a trial court’s order granting bail to accused Pooja and Bimla in the case, saying the sessions court did not adequately consider the nature and gravity of the offence and the larger implications on public interest and administration of justice.
The high court said the sessions court did not consider the modus in which the offence was committed and the possibility to influence the witnesses and the likelihood of tampering with the evidence.
“It is also significant that both respondents (Pooja and Bimla) are alleged to be repeat offenders and habitual participants in this illicit trade, having established prior contacts with other members of the syndicate,” the high court said.
It said the presence of these two accused in the community poses a real possibility of them contacting witnesses or obstructing further proceedings and the prosecution’s apprehension that they may abscond or influence co-accused cannot be said to be unfounded.
Challenging the trial court’s bail order, the prosecution submitted that the case pertained to a heinous and organised racket of inter-state child trafficking, involving procurement and sale of newborns aged barely five to ten days, for unlawful monetary consideration.
The prosecutor said a charge sheet was filed against 11 accused persons out of 13 named in the FIR, and highlighted that both Pooja and Bimla are central figures in the criminal syndicate which extended from Delhi to Rajasthan and Gujarat.
Delhi Police officials got a secret information in April and laid a trap in which three persons were arrested. A five-day-old infant was also rescued.
During investigation and based on the disclosure of some accused, others were arrested in the case. Some of the women accused told the police that initially they used to be egg donors but later indulged in trafficking of infants as it was more lucrative.
Pooja’s counsel opposed the prosecution’s plea saying no material has been placed on record to suggest violation of bail conditions or misuse of liberty post-release.
Bimla’s counsel also opposed the plea saying that bail, once granted, cannot be cancelled merely because the prosecution feels the order was erroneous.
The high court said the trial court has failed to assign cogent and sufficient reasons for exercising its discretion in favour of the accused and the bail orders, on the face of it, are mechanically passed.
“The magnitude and nature of the crime, involving commodification of newborns, warrants the highest degree of judicial scrutiny,” it said and directed the accused to surrender before the trial court within seven days.
The high court also directed the trial court to expeditiously conduct the trial keeping in view that the matter alleges involvement of a mechanised crime syndicate, which is running at inter-state level and that the crime involves trafficking of infants. PTI SKV ZMN
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