Serious Allegations and Need for Custodial Interrogation Lead to Bail Refusal
In a significant ruling, the Delhi High Court has denied anticipatory bail to Savitri, an accused in a case involving child trafficking for the purpose of selling illicit liquor. The judgment, delivered by Justice Girish Kathpalia, highlights the grave nature of the allegations and underscores the necessity for custodial interrogation to investigate potential further exploitation of children in similar crimes.
The case revolves around FIR No. 508/2025, registered at Police Station Sangam Vihar, where Savitri is accused of trafficking a child from her native village to Delhi, facilitating his employment in the illicit liquor trade. The FIR was initiated following a constable's discovery of illicit liquor sales during a patrol in a narrow lane. In a dramatic turn of events, the child involved was apprehended with pouches of illicit liquor, while the primary suspect, Kajal, managed to escape. Investigations revealed that Savitri, a close relative of Kajal, played a crucial role in bringing the child to Delhi, implicating her in the family's illicit liquor business.
Despite arguments from Savitri's counsel that her involvement was limited to bringing the child to Delhi and lacked evidence of her participation in the liquor sales, the prosecution presented a robust case against her. The prosecution, represented by Mr. Sanjeev Sabharwal, APP for State, along with SI Rahul Rathi, emphasized Savitri's active involvement in the illicit liquor racket, including receiving monetary benefits from the operations. The court was informed of multiple transactions in Savitri's PhonePe account, suggesting financial gains linked to the illicit activities.
Justice Kathpalia, in his judgment, expressed concern over the increasing trend of exploiting children in criminal activities, highlighting the need for stringent measures to prevent such practices. The court noted that granting anticipatory bail in cases involving child exploitation could send detrimental signals to society, especially in light of the growing use of children by hardened criminals to evade legal repercussions.
Further compounding Savitri's situation, the court considered her involvement in 17 other similar cases and one under the NDPS Act, as well as her alleged participation in two additional cases subsequent to the current charges. These factors contributed to the court's decision to deny anticipatory bail, deeming it essential for investigators to conduct custodial interrogation to uncover potential further exploitation and involvement of additional children in such illicit activities.
The judgment serves as a stern reminder of the judiciary's commitment to safeguarding children's rights and deterring criminal exploitation, emphasizing the seriousness of such offenses and their societal impact.
Bottom Line:
Anticipatory bail denied to accused involved in trafficking a child for illicit liquor sale and exploitation of children in crimes, emphasizing seriousness of allegations and necessity of custodial interrogation.
Statutory provision(s): Delhi Excise Act, 2009 Section 33; Juvenile Justice Act, 2015 Section 78; Bharatiya Nyaya Sanhita, 2023 Sections 95/112
Savitri v. State of Delhi, (Delhi) : Law Finder Doc id # 2852947
