Nursing Officer's Plea Dismissed Amid Allegations of Facilitating Illegal Adoption
In a significant ruling, the Delhi High Court has denied anticipatory bail to Shirley John, a nursing officer implicated in a grave case of child trafficking. The court, presided over by Dr. Swarana Kanta Sharma, J., dismissed the bail application in connection with FIR No. 24/2025, registered at Shastri Park Police Station, involving the kidnapping and trafficking of a 2½-month-old infant.
The petitioner, Shirley John, sought anticipatory bail following allegations of her involvement in the illegal transfer of the kidnapped child. The prosecution argued that John, leveraging her position at a maternity and child care centre, facilitated communication between co-accused parties in the illegal sale of the infant. The allegations came to light after co-accused Devaki absconded with the child under the guise of temporary guardianship, with the intention of selling the infant to potential adopters.
Investigation details reveal that the child was eventually recovered from Dheer Singh and Baneeta, who allegedly sought a male child. Photographic evidence and call detail records support the prosecution's claim of John's involvement, indicating communications between her and co-accused Sheela, who acted as a facilitator in the transaction.
Despite Shirley John's non-arrest during the investigation, the court emphasized that non-arrest does not automatically grant bail, especially given the severity of the allegations and the societal impact of child trafficking offenses. The court cited precedents, notably Satender Kumar Antil v. CBI, reinforcing the need for merit-based evaluation of bail applications post-charge sheet filing.
The judgment also echoed sentiments from the Supreme Court's ruling in Pinky v. State, underscoring the gravity of child trafficking offenses and their societal implications. The High Court stressed the seriousness of the allegations and the need for due diligence in such cases, ultimately deciding against granting bail.
As the investigation continues, with forensic analysis pending, the court has granted Shirley John a seven-day window to surrender before the trial court. This decision reflects the judiciary's commitment to addressing crimes involving vulnerable minors with the utmost seriousness.
Bottom line:-
Anticipatory bail application in a case involving kidnapping and trafficking of a 2½-month-old infant child dismissed, considering the gravity of allegations, role of the applicant, and societal impact of offences related to child trafficking.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 137(2), 143(4), 143(7), 61, 3(5), Juvenile Justice (Care and Protection of Children) Act, 2015 Section 81.
Shirley John v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2895201
