Mumbai News: High Court Refuses Bail To AIDS Patient Accused Of Child Trafficking

Mumbai News: High Court Refuses Bail To AIDS Patient Accused Of Child Trafficking | Representational Image

The Bombay High Court has refused to grant bail to a woman suffering from AIDS, and is accused of child trafficking for their sexual exploitation, noting that the “crime is a grave offence against society”. The court noted that applicant’s antecedents of committing such severe offences on multiple occasions outweigh her health condition, HIV AIDS, as a reason for bail.

The HC was hearing a bail plea filed by a woman 37, seeking bail in a case registered against her in 2022 by Panchavati Police Station in Nashik for allegedly selling a 12-year-old girl. The police alleged that the woman was a part of a gang that operated in the Nashik area, kidnapping minor girls and selling them to men in Madhya Pradesh who performed fake marriages with them and established sexual relationships.

The woman’s advocate Prashant Patil submitted that she had been in jail since August 11, 2022. Due to her health condition, she poses no flight risk or threat to tamper with witnesses if released on bail. A co-accused, against whom there are primary allegations, has been released on bail, Patil argued. 

Additional Public Prosecutor Arfan Sait submitted that the offence is grave, particularly considering that the victim was only 12-years- old at the time of the alleged incident. She has antecedents and and committed the present offence while already on bail for a separate crime, demonstrating a blatant disregard for the law, Sait added. 

The HC granted bail to co-accused in 2023 on the grounds that she had to look after two toddlers.

The HC rejected the bail observing: “The crime is serious, and the applicant played an active role in it. The victim, only 12 years old, was kidnapped and sold to the co-accused, who subjected her to sexual exploitation. The victim’s statement details a series of incidents, and there is no indication of false implications. The crime is a grave offence against society, punishable under Section 4 of the POCSO Act with a maximum sentence of life imprisonment.” 

“The applicant’s antecedents of committing such severe offences on multiple occasions outweigh her health condition, HIV-AIDS, as a reason for bail,” Justice RN Laddha remarked, adding: “Given the seriousness of the offence and the prima facie material of the applicant’s involvement in the crime, she cannot be granted bail.” 

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