Case Note & Summary
The Supreme Court dealt with a series of appeals filed by victims' families seeking cancellation of bail granted by the Allahabad High Court to 13 accused persons involved in an interstate child trafficking racket. The racket operated by kidnapping minor children from impoverished backgrounds in Varanasi and selling them to childless couples in Rajasthan, Bihar, and Jharkhand for sums ranging from two lakhs to ten lakhs. The case originated from multiple FIRs, including FIR No. 193/2023 where a four-year-old boy named Rohit was kidnapped while sleeping with his parents on a pavement. Investigation revealed a well-organized gang led by Santosh Gupta, who confessed to stealing children and selling them through agents. The High Court granted bail to several accused, including Sunita Devi, Manish Jain, Mahesh Rana, and Santosh Sao, among others. The Supreme Court, in a previous order dated 24.09.2024, had already cancelled bail for five accused, but three accused—Santosh Sao, Jagveer Baranwal, and Manish Jain—remained before the Court. The Court noted that many accused had absconded after being released on bail, and the police had failed to take action despite earlier orders. The legal issues centered on whether the High Court's bail orders were perverse and whether the gravity of the offences, the organized nature of the crime, and the risk of absconding warranted cancellation. The appellants argued that the High Court ignored the serious nature of child trafficking and the evidence on record. The respondents contended that they were entitled to bail as they had been in custody and were not flight risks. The Supreme Court analyzed the broad principles for grant of bail, emphasizing that bail should not be granted in a mechanical manner, especially in cases involving organized crime and vulnerable victims. The Court found that the High Court's orders were perverse as they failed to consider the scale of the trafficking racket, the modus operandi, and the fact that many accused had absconded. Consequently, the Supreme Court allowed the appeals, set aside the bail orders, and directed the accused to surrender forthwith. The Court also directed the State to ensure compliance and take necessary action against those who had absconded.
Headnote
A) Criminal Law - Bail Cancellation - Interstate Child Trafficking - Sections 363, 311, 370(5) IPC - The Supreme Court considered appeals by victims' families seeking cancellation of bail granted by the High Court to 13 accused involved in kidnapping and selling minor children. The Court found that the High Court's orders were perverse, ignoring the gravity of the offences, the organized nature of the racket, and the fact that many accused had absconded after bail. Held that bail granted without considering these factors is liable to be cancelled (Paras 1-80). B) Criminal Law - Bail - Absconding Accused - The Court noted that many accused persons, after being released on bail, had absconded and their whereabouts were unknown. This conduct indicated a likelihood of fleeing justice and warranted cancellation of bail (Paras 7, 80). C) Criminal Law - Bail - Perverse Order - The Supreme Court reiterated that if a bail order is passed without considering relevant material or is based on irrelevant considerations, it is perverse and can be set aside. The High Court failed to consider the scale of the trafficking racket, the vulnerability of victims, and the evidence on record (Paras 66-80).
Issue of Consideration
Whether the High Court's orders granting bail to 13 accused persons in connection with an interstate child trafficking racket were perverse and liable to be cancelled.
Final Decision
The Supreme Court allowed the appeals, set aside the bail orders granted by the High Court to Santosh Sao, Jagveer Baranwal, and Manish Jain, and directed them to surrender forthwith. The Court also directed the State to ensure compliance and take action against absconding accused.
Law Points
- Bail cancellation
- child trafficking
- gravity of offence
- absconding accused
- perverse order
- Section 363 IPC
- Section 311 IPC
- Section 370(5) IPC
