New Delhi, Feb 13 (SocialNews.XYZ) The Delhi High Court has dismissed an anticipatory bail plea filed by a woman accused of trafficking a minor from her native village and employing him in the sale of illicit liquor in the national capital.
A single-judge Bench of Justice Girish Kathpalia denied relief to the accused, Savitri, in connection with an FIR registered at Sangam Vihar police station for offences under Section 33 of the Delhi Excise Act, 2009, Section 78 of the Juvenile Justice Act, 2015, and Sections 95/112 of the Bharatiya Nyaya Sanhita, 2023.
As per the prosecution, the criminal case was registered on the statement of a constable who, during patrol duty, witnessed the sale of illicit liquor in a narrow lane of the area. When he attempted to apprehend those involved, a woman named Kajal, who was allegedly selling illicit liquor along with a child, fled from the spot. The child was apprehended with pouches of illicit liquor kept in a plastic bucket.
During the investigation, it emerged that the minor had been brought to Delhi by the applicant, who is a close relative of Kajal, and that the family members were engaged in the sale of illicit liquor.
Opposing the bail plea, the prosecution contended that the accused was actively involved in the illicit liquor racket and had received monetary benefits, adding that her custodial interrogation was necessary to unearth the larger conspiracy.
In its order rejecting the bail plea of the accused woman, the Delhi High Court observed that the gravity of the allegations could not be ignored.
“At the outset, the seriousness of the alleged crime has to be kept in mind. The allegation against the accused/applicant is not only involvement in the sale of illicit liquor. The charge against the accused/applicant is trafficking of a child from the native place to be employed in the illicit business,” Justice Kathpalia said.
The order further noted that the parameters for granting anticipatory bail are stricter than those applicable to regular bail.
“Grant of anticipatory bail in such cases where a child is exploited in the commission of crimes would send very wrong signals across the society. In the recent past, exploitation of children in the commission of crimes is increasing day by day; children are now being often used as a weapon by hardened criminals to escape penal action,” the Delhi High Court said.
It also found merit in the prosecution’s submission that custodial interrogation was required to ascertain whether more children had been trafficked in a similar manner.
“I also find substance in the submission of the State that custodial interrogation of the accused/applicant is necessary in order to unearth if more children in a similar fashion have been trafficked by the accused/applicant for being used in the commission of crimes,” Justice Kathpalia observed.
The Delhi High Court further noted that the investigation indicated that the applicant had allegedly received monetary benefits, and her PhonePe account statements were under examination.
Taking a view of her alleged criminal antecedents, Justice Kathpalia noted that the applicant was involved in 17 other cases of a similar nature and one case under the NDPS Act, and had subsequently been implicated along with family members in two more similar cases.
“Considering the above circumstances, I do not find it a fit case to grant anticipatory bail to the accused/applicant,” the Delhi HC held, while dismissing the bail application.
Source: IANS
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