Allahabad High Court
MITHUN RIKASANversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that the prosecution had not established the essential elements of trafficking under Section 143(5) of the B.N.S., 2023 and therefore granted bail to the applicant.
Summary
The Allahabad High Court considered a bail application filed by Mithun Rikasan, who was arrested under Section 143(5) of the B.N.S., 2023 for alleged child‑trafficking. The applicant contended that he was falsely implicated and that the children’s statements indicated they were taken to Punjab for seasonal potato‑harvesting work, with no evidence of abduction, coercion, deception or exploitation as defined by the statute. The State opposed bail, alleging possession of seven minors but could not demonstrate any inducement or illegal means used by the applicant. The Court observed that the prosecution had failed to establish the essential elements of trafficking and noted the applicant’s clean criminal record and the lack of any allegation of exploitation. Consequently, the Court granted bail on a personal bond with sureties, imposing conditions not to tamper with evidence, not to commit offences, not to intimidate witnesses and to appear before the trial court. The order also directed electronic release procedures through the Bail Order Management System.
Issues considered
- Whether the allegations against the applicant satisfy the statutory definition of child‑trafficking under Section 143(5) of the B.N.S., 2023 warranting denial of bail
- Whether bail should be granted in view of the absence of evidence of coercion, exploitation and the applicant’s clean record
Legislation cited
- B.N.S., 2023 — s. 143(5)
Subjects
- bail
- child trafficking
- Section 143
- B.N.S. 2023
- false implication
- high court
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13177 of 2026
Mithun Rikasan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Neha Rajput, Parmeshwar Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.03 of 2025, under Section 143(5) of
B.N.S., 2023, Police Station- Anti-Human Trafficking Unit, District-
Varanasi.
3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The allegation against the
applicant is of trafficking children, however, the children in their
statements have not stated anything about the applicant purchasing or
inducing the children on false promises or their guardians into obtaining
the consent of taking away the children. The applicant is a relative of
some of the children, who were being taken as per their statements to
Punjab for harvesting potatoes for Rs.15,000/- per month. The applicant
has no criminal history. The applicant is in jail since 17.12.2025.
4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant and the co-accused
Dalim Shaikh, were arrested by the Anti Human Trafficking Unit. They
were in possession of seven minor children who were being trafficked.
The Learned A.G.A., however, has not been able to show that the
applicant had used threats, force, coercion, deception or practised fraud
on the children or their guardians.
BAIL No. 13177 of 2026
2
5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.
6. There is no allegation of abducting the children nor of giving any
inducement including the giving or receiving of payments of benefits to
achieve the consent of any person having control over the children. The
applicant is said to be a relative of some of the minors, who were
supposedly recovered. The allegation against the applicant is of
transporting the children to Punjab for getting them employment in
harvesting of potatoes @ Rs.15,000/- per month. It has not come in the
police investigation that the children were being trafficked for the
purposes of 'exploitation' as defined under Section 143 of the BNS, 2023.
The applicant is in jail since 17.12.2025 having no criminal antecedents.
7. Taking into account the entire facts and circumstances of the case
especially the statements of the children, which were being supposedly
trafficked by the applicant, I deem it fit to enlarge the applicant on bail.
8. The bail application is allowed.
9. Let the accused-applicant- Mithun Rikasan, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable heavy sureties and one local surety as the
applicant is a resident of Bihar, each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.
10. In the event of breach of any of the aforesaid conditions, the court
BAIL No. 13177 of 2026
3
below will be at liberty to proceed to cancel his bail.
11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
(Rajiv Lochan Shukla,J.)
May 7, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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