HC grants bail to HIV-positive accused in child trafficking case

Bombay HC grants bail to HIV-positive person in child trafficking case due to deteriorating health condition and right to liberty, despite prosecution's objections.

Mumbai: The Bombay high court (HC) recently granted bail to an HIV-positive person, accused in a child trafficking case, considering the person’s deteriorating health condition and right to liberty. The person was arrested by the crime branch and was booked under various sections of the Indian Penal Code and the Juvenile Justice Act for trafficking children and forging birth certificates for the trafficked minors.

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During the bail hearing, the prosecution, represented by assistant public prosecutor Tanveer Khan, argued vehemently against the accused’s release. The prosecution highlighted the severity of the charges, emphasising the vulnerable nature of the victims involved in the case. They contended that releasing the accused on bail could jeopardise the integrity of the ongoing investigation and pose a potential threat to witnesses.

The defence, however, presented a strong case for bail on behalf of the accused. They underscored the accused’s deteriorating health condition due to HIV and pointed out that all co-accused, including the mother of the trafficked children and another accomplice, had been granted bail.

The defence further argued that since the investigation was complete and a chargesheet had been filed, the accused deserved similar treatment. They emphasised the presumption of innocence until proven guilty and stressed the importance of considering the accused’s health condition and right to liberty.

After a thorough consideration of the arguments presented by both parties and a review of the case documents, justice NJ Jamadar granted bail to the accused upon furnishing a personal recognizance bond of ₹30,000 with sureties. The court imposed specific conditions, including regular reporting to the crime branch and compliance with court proceedings.