Bail Granted to Alleged Masterminds in Child Trafficking Case: Court Weighs Evidence.
02 May 2024
Bail and Antcipatory Bail >> Criminal Law | Juvenile Justice >> Miscellaneous
In a case involving the trafficking of newborn children, the applicants, Julia Lawrence Fernandes and Subhash Pandit Borse, sought bail after being arrested in connection with crimes related to child trafficking, under various sections of the Indian Penal Code and the Juvenile Justice Act. The case stemmed from an investigation initiated on 6th September 2023, when a newborn child was being sold illegally by a group of individuals. The police apprehended two of the accused, Reena Nitin Chavan and Sairabano Shaikh, during the operation, leading to further arrests, including that of Julia, who was allegedly the mastermind behind the trafficking operation.
The prosecution relied on the disclosure statements of co-accused individuals, financial transactions, and mobile evidence, including photos and WhatsApp chats, to implicate the applicants. However, the defense argued that there was insufficient direct evidence to link Julia and Subhash to the crime, and that the applicants were only named based on the disclosures of other accused persons.
After considering the evidence and the applicants' antecedents, the court ruled in favor of granting bail. The applicants were released on bail subject to certain conditions, including the submission of personal bonds, regular presence at the police station, and not tampering with evidence or influencing witnesses.
The court clarified that the observations made in the bail order should not influence the trial's final outcome and were only relevant for the purpose of the bail decision.