SC takes note of birth of incarcerated child and grants bail to woman in human trafficking case

A tribal woman accused of luring and instigating her cousin sister into prostitution has been released on bail by the Supreme Court, which took note of the fact that she had been incarcerated for 18 months and gave birth to a child there.

A bench led by Chief Justice NV Ramana called it “a suitable case to grant her bail” and rejected the Delhi Police’s vehement plea that the defendant should not be allowed out of prison under bail as she drove her cousin into prostitution.

The judiciary, also made up of Judges Surya Kant and Hima Kohli, took note of the submissions of lead counsel Salman Khurshid and attorney TK Nayak that the woman herself was a victim and furthermore, she has already suffered. sentence of 18 months and gave birth on November 1, 2020.

Senior counsel said the accused, 21, had herself been pushed into the flesh trade and lived within the lead accused’s confines and under constant threat to her life.

“After hearing the parties’ lawyers and taking into account the fact that the applicant was imprisoned for a period of 18 months and also gave birth while in custody, we consider it appropriate to grant her a bond,” the magistrate noted. in its order.

On December 4 last year, the Delhi High Court dismissed the due process bail request after taking note of the Delhi Police’s situation report in two similar cases filed under the Human Trafficking Act. human beings against it.

“I have read the situation report filed by the State. The allegations against the petitioner are that she lured her cousin sister / complainant / prosecutor for a job in Delhi, but the prosecutor engaged in forced prostitution by the co-accused where the victim was left by the applicant ”, he said. declared the High Court.

The High Court had not accepted the argument that the accused was also “a victim of the circumstances and had also been harassed and put into this work by the co-defendants Abinash and Neha”.

“I did not understand if this is true, why she called her cousin sister / victim and hired her so that she could also be forced into prostitution,” the High Court judge noted.

(This story was not edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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