Holding

The Supreme Court set aside the High Court's bail orders, cancelled bail for all accused, and directed their surrender and trial within a six‑month timeframe.

Summary

The Supreme Court examined appeals filed by the victims of an interstate child‑trafficking racket challenging the High Court's grant of bail to thirteen accused persons charged under IPC sections 363, 311 and 370(5). The Court found that the High Court had ignored crucial factors such as the seriousness of the offence, the risk of the accused absconding, and the need to protect societal interests, thereby exercising its discretion in a callous manner. Applying the principles of bail under Article 21 of the Constitution and established case law, the Court held that bail is the rule and jail the exception, especially in grave crimes like child trafficking. Consequently, all bail orders were set aside, the accused were ordered to surrender, and comprehensive directions were issued to expedite trials and strengthen anti‑trafficking mechanisms. The judgment also directed state governments to implement recommendations of the BIRD report and to ensure protection and education for rescued children.

Issues considered

The High Court erred in granting bail to accused persons in serious child‑trafficking cases.
Whether the discretion exercised by the High Court complied with the principles of bail under Article 21, IPC sections 363, 311, 370(5), and relevant statutes.
Whether the bail orders were perverse, based on irrelevant considerations, or failed to balance personal liberty with societal interest.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyay Sanhita
Constitution of Indias. Article 21, s. Article 23
Hindu Adoption and Maintenance Act, 1956
Indian Penal Code, 1860s. 311, s. 363, s. 370(5)
Juvenile Justice (Care and Protection of Children) Act, 2015
Right of Children to Free and Compulsory Education Act
Societies Registration Act, 1860

Headnote

Issue for Consideration Whether the High Court erred in passing various orders granting bail to accused persons in matters involving offences of serious nature of child trafficking. Headnotes† Bail – Cancellation of – Penal Code, 1860 – ss.363, 311, 370(5) – – High Court granted bail to 13 accused persons allegedly involved in such cases involving interstate trafficking of minor children on a large scale – Challenge to, by the victims of the crime, the kith and kin of the children trafficked: Held: High Court while releasing the accused

Subjects

child traffickingkidnappinginterstate child‑trafficking racketshuman traffickingbailpersonal libertyArticle 21Article 23IPC sections 363, 311, 370(5)Right of Children to Free and Compulsory Education ActBharatiya Nagarik Suraksha SanhitaBharatiya Nyay SanhitaJuvenile Justice Act

Judgment

[2025] 5 S.C.R. 522 : 2025 INSC 482

Pinki
v.
State of Uttar Pradesh and Anr.
(Criminal Appeal No. 1927 of 2025)
15 April 2025
[J.B. Pardiwala* and R. Mahadevan, JJ.]

Issue for Consideration
Whether the High Court erred in passing various orders granting
bail to accused persons in matters involving offences of serious
nature of child trafficking.

Headnotes†
Bail – Cancellation of – Penal Code, 1860 – ss.363, 311,
370(5) – Kidnapping; Child trafficking – Interstate child-
trafficking rackets – High Court granted bail to 13 accused
persons allegedly involved in such cases involving interstate
trafficking of minor children on a large scale – Challenge to,
by the victims of the crime, the kith and kin of the children
trafficked:
Held: High Court while releasing the accused persons on bail
took into consideration the aspects like the accused were not
named in the FIR; names of the accused were disclosed by a
co-accused; victim was not recovered from the custody of the
accused; similarly situated co-accused were granted bail; no
material evidence regarding tampering of evidence or intimidating
of witness in previous criminal cases; bail is a rule, jail is an
exception – Considering the serious nature of the crime and the
modus operandi adopted by the accused persons, the High Court
should not have exercised its discretion in favour of the accused
persons – High Court dealt with all the bail applications in a very
callous manner which ultimately paved way for many accused
persons to abscond putting the trial in jeopardy – The true test
to ascertain whether discretion has been judiciously exercised or
not is to see whether the court has been able to strike a balance
between the personal liberty of the accused and the interest of the
State, in other words, the societal interests – Impugned bail orders
* Author
[2025] 5 S.C.R. 523

Pinki v. State of Uttar Pradesh and Anr.

passed by the High Court set aside – Conduct of the State in not
challenging the orders of bail, deprecated – Accused persons to
surrender before the committal court which shall remand them
to judicial custody – Further directions issued to the trial court,
State Government – Right of Children to Free and Compulsory
Education Act, 2009 – Bharatiya Nagarik Suraksha Sanhita, 2023.
[Paras 38, 67, 68, 78, 79]

Directions by Supreme Court – Pending trials relating to child
trafficking, to be completed within six months:
Held: High Courts to call for the necessary information as regards
the status of the pending trials relating to child trafficking – Once
each of the High Court collects the necessary data as regards the
status of the trials, a circular be issued on administrative side to all
the concerned trial courts to complete the trials within six months
from the date of the circular and if need be, by conducting the trials
on day-to-day basis – Each of the High Courts to forward a report
to this Court as regards the compliance of the directions contained
in the circular – Non-compliance of directions or any laxity of any
nature in that regard on the part of any of the authorities shall be
viewed very strictly and if need be, they shall be proceeded for
contempt. [Para 81 (l), (m)]
Bail – Constitution of India – Article 21 – Principles for grant
of bail in cases of serious nature vis-à-vis cancellation
of bail because of supervening circumstances/bail order
being perverse or based on irrelevant considerations; non-
consideration of relevant factors – Distinction – Individual
liberty vis-à-vis larger social interest – Discussed – Concept
of liberty is not in the realm of absolutism but is a restricted
one. [Paras 53-60, 62-64]

Directions by Supreme Court – Child trafficking – Directions
issued to State Governments to implement the recommendations
of Bharatiya Institute of Research and Development (BIRD)
made in its report on Human Trafficking:
Held: All the State Governments across the country directed to look
into the report of BIRD dated 12.04.2023 on Human Trafficking more
particularly the recommendations, on effective law enforcement
and prosecution – All the State Governments directed to study
524 [2025] 5 S.C.R.

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the entire report and implement each of the recommendations by
working out appropriate modalities in that regard. [Para 81 (j), (k)]

Trafficking of newborns from hospitals – Suspension of licence
of the hospital:
Held: If any newborn infant is trafficked from any hospital, the
immediate action against the hospital should be suspension
of licence to run the hospital over and above other actions in
accordance with law – When a baby is delivered in any hospital, it
is the responsibility of the administration of the hospital to protect
the newborn infant in all respects. [Para 91]
Child trafficking – Globally and in India – UN Convention on
the Rights of the Child, 1989 (CRC); The Hague Convention
on Protection of Children and Cooperation in Respect of Inter-
country Adoption, 1993; Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children
supplementing the UN Convention against Transnational
Organised Crime; UN Special Rapporteur’s Report on the sale
of children, child prostitution and child pornography, 2016;
U.N. Declaration on the Rights of the Child (1959) – Reasons
for increase in cases of child trafficking globally – Constitution
of India – Article 23 – Prohibition of traffic in human beings
and forced labour – Central Adoption Resource Authority –
Adoption a long-drawn process, traffickers taking advantage
of increased demand for children. [Paras 10-28]
Child trafficking – Need for parents to be vigilant and careful –
Word of caution. [Para 90]

Case Law Cited
Lakshmi Kant Pandey v. Union of India [1984] 2 SCR 795 : (1984)
2 SCC 244; Bachpan Bachao Andolan v. Union of India & Ors.
[2011] 5 SCR 353 : (2014) 16 SCC 616; Bachpan Bachao and
Ors. v. UOI and Ors., 2010 SCC OnLine Del 4613; Gudikanti
Narasimhulu and Others v. Public Prosecutor, High Court of Andhra
Pradesh [1978] 2 SCR 371 : (1978) 1 SCC 240; Prahlad Singh
Bhati v. NCT, Delhi & Anr. [2001] 2 SCR 684 : (2001) 4 SCC 280;
Ram Govind Upadhyay v. Sudarshan Singh [2002] 2 SCR 526 :
(2002) 3 SCC 598; Kalyan Chandra Sarkar v. Rajesh Ranjan (2004)
[2025] 5 S.C.R. 525

Pinki v. State of Uttar Pradesh and Anr.

7 SCC 528; Bhoopendra Singh v. State of Rajasthan [2021] 10
SCR 188 : (2021) 17 SCC 220; Mahipal v. Rajesh Kumar [2019]
14 SCR 529 : (2020) 2 SCC 118; Brijmani Devi v. Pappu Kumar
[2021] 9 SCR 533 : (2022) 4 SCC 497; Pappu Kumar v. State of
Bihar (2021) SCC OnLine Pat 2856; Pappu Singh v. State of Bihar
(2021) SCC OnLine Pat 2857; Manoj Kumar Khokhar v. State of
Rajasthan and Another (2022) 3 SCC 501; Ash Mohammad v.
Shiv Raj Singh [2012] 7 SCR 584 : (2012) 9 SCC 446; Kartar
Singh v. State of Punjab [1994] 2 SCR 375 : (1994) 3 SCC 569 –
referred to.

Books and Periodicals Cited
Report of the Special Rapporteur on the Sale of Children, Child
Prostitution and Child Pornography, U.N. Doc. A/HRC/34/55
(Dec. 22, 2016); Charlie Custer, Kidnapped and Sold: Inside
the Dark World of Child Trafficking in China, The Atlantic (July
25, 2013); John C. Nimmo, The Works of the Right Honourable
Edmund Burke: A Letter to a Member of the National Assembly,
vol. 4 (London); Quentin Skinner, The Paradoxes of Liberty, The
Tanner Lectures on Human Values, Harvard Univ., Oct. 24–25,
1984 – referred to.

List of Acts
Penal Code, 1860; Bharatiya Nagarik Suraksha Sanhita, 2023;
Bharatiya Nyay Sanhita, 2023; Constitution of India; Juvenile Justice
(Care and Protection of Children) Act, 2015; Hindu Adoption and
Maintenance Act, 1956; Right of Children to Free and Compulsory
Education Act, 2009; Societies Registration Act, 1860.

List of Keywords
Child trafficking; Kidnapping; Interstate child-trafficking rackets;
Child-trafficking rackets; Human trafficking; Child-kidnapping
rackets; Missing children and trafficking; Buying and selling of
minor children; Trafficking in persons; Trafficking; Trafficking in
children; Trafficking process; Traffickers; Cancellation of bail;
Trafficking of newborns from hospitals; Personal liberty; Deprivation
of liberty; Adoption; Illegal adoption; Trafficking of children for
the purpose of adoption; Sale of children; Inter-country adoption;
Maltreatment or exploitation of children; Legally free for adoption;
526 [2025] 5 S.C.R.

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Abduction; Bharatiya Institute of Research and Development
(BIRD); Rule of law; Bail is a rule, jail is an exception; Exploitation
using threat; Coercion, abduction, fraud, deceit, abuse of power
or vulnerability; Societal interests; Tampering of evidence; UN
Convention on the Rights of the Child, 1989 (CRC); The Hague
Convention on Protection of Children and Cooperation in Respect
of Inter-country Adoption, 1993; Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children; UN
Convention against Transnational Organised Crime; UN Special
Rapporteur on the sale of children, child prostitution and child
pornography, 2016; U.N. Declaration on the Rights of the Child
(1959); Central Adoption Resource Authority (CARA); Child Welfare
Committee; National Human Rights Commission; National Legal
Services Authority; Uttar Pradesh Rani Laxmi Bai Mahila Evam
Bal Samman Kosh; Compensation to the victims under Bharatiya
Nagarik Suraksha Sanhita, 2023.

Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1927 of 2025
From the Judgment and Order dated 13.12.2023 of the High Court
of Judicature at Allahabad in CRMBA No. 47159 of 2023
With
Criminal Appeal No(s). 1928, 1929, 1930, 1931, 1932, 1933, 1934,
1935, 1936, 1937, 1938, 1939, 1940, 1941, 1942, 1943 and 1944
of 2025

Appearances for Parties
Advs. for the Appellant:
Ms. Aparna Bhat, Sr. Adv., Mayank Sapra, Ms. Lalima Das,
Ms. Karishma Maria, Gopal Krishna.
Advs. for the Respondents:
Garvesh Kabra, Mrs. Pooja Kabra, Mrs. Sujata Upadhyay, Mrs.
Nikita Jaju, Ms. Sangeeta Singh, Ishwar Chand Roy, Utkarsh
Dwivedi, Purna Chandra Patnaik, Prashant Kumar, Gunjan Kumar,
Akshay Sahay, Farhan Khan, Md Shahid Anwar, , Kamlesh Kumar
Mishra, Ms. Tanya Agarwal, Mrs. Shubhangi Tuli
[2025] 5 S.C.R. 527

Pinki v. State of Uttar Pradesh and Anr.

Judgment / Order of the Supreme Court

Judgment

J.B. Pardiwala, J.

For the convenience of exposition, this judgment is divided in the
following parts: -
INDEX*

A. FACTUAL BACKGROUND 3
i. FIR No. 193/2023 (in Sanjay v. State of Uttar Pradesh
and Anr.) ........................................................................ 3
ii. FIR No. 50/2023 (in Samsher Singh v. State of Uttar
Pradesh and Anr.) ......................................................... 8
iii. FIR No. 201/2023 (in Pinki v. State of Uttar Pradesh and
Anr.) ........................................................................ 9
B. CHILD TRAFFICKING 15
i. Global Context .............................................................. 15
ii. Child Trafficking in India ............................................... 19
iii. Missing Children and Trafficking .................................. 25
C. ROLE OF EACH OF THE ACCUSED PERSONS ............ 47
D. ORDER PASSED BY COORDINATE BENCH IN CRIMINAL
APPEAL NO. 3997 OF 2024 & ALLIED APPEALS
CANCELLING BAIL GRANTED TO SOME OF THE
ACCUSED PERSONS ..................................................... 60
E. GRANT OF BAIL BY THE HIGH COURT ........................ 61
F. SUBMISSIONS OF THE PARTIES ................................... 62
i. Submissions on behalf of the Appellants ...................... 62
ii. Submissions on behalf of accused persons; Santosh Sao
and Jagveer Baranwal ........................................... 63
iii. Submissions on behalf of accused; Manish Jain .......... 64
iv. Submissions on behalf of the State ............................ 65
G. ANALYSIS ............................................................................ 66
i. Broad Principles for Grant of Bail .............................. 70
H. CONCLUSION .................................................................. 80

* Ed. Note: Pagination as per the original Judgment.
528 [2025] 5 S.C.R.

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1. Leave granted in all the Special Leave Petitions.
2. Since the issues raised in all the captioned appeals are identical,
those were taken up for hearing analogously and are being disposed
of by this common judgment and order.
3. These appeals arise from various orders passed by the High Court
of Judicature at Allahabad releasing 13 accused persons on bail
in connection with FIR No. 201/2023, FIR No. 193/2023, FIR No.
76/2023, FIR No. 74/2023 and FIR No. 50/2023 respectively registered
for the offence punishable under Sections 363, 311 and 370(5) of
the Indian Penal Code (for short, the “IPC”).
4. These appeals have been filed by the victims of the crime, more
particularly the kith and kin of the children who came to be trafficked,
praying for cancellation of bail granted by the High Court to the
13 accused persons referred to above. In all these appeals the
respondent no. 2 is the particular original accused.
5. Although notice has been served to each of the accused persons,
yet only three accused, namely, Santosh Sao, Jagveer Baranwal &
Manish Jain appeared before this Court for the purpose of opposing
the plea for cancellation of bail. The others have thought fit not to
appear either in person or through an advocate, to oppose these
appeals seeking cancellation of bail.
6. We take notice of the fact that upon completion of investigation of all
the three First Information Reports referred to above, chargesheets
came to be filed in the Court of Special Chief Judicial Magistrate
District Varanasi, Additional Chief Judicial Magistrate Court No.
5 District Varanasi and Chief Judicial Magistrate District Varanasi
respectively.
7. The criminal cases, as on date, are pending for committal to the
Court of Sessions. We also take notice of the fact that many of the
accused persons, after being released on bail, have absconded and
their whereabouts are not known to the police.

A. FACTUAL BACKGROUND
8. Before we proceed further, we must give a fair idea as regards the
three FIRs.
[2025] 5 S.C.R. 529

Pinki v. State of Uttar Pradesh and Anr.

i. FIR No. 193/2023 (in Sanjay v. State of Uttar Pradesh and
Anr.).
a) The present case pertains to an interstate child-trafficking
racket which profits from kidnapping, buying and selling of
minor children, especially those children who come from
an impoverished background. The appellant, Sanjay is a
rag picker residing in Varanasi. He was sleeping on the
pavement with his wife and four-year-old son, Rohit. On
the morning of 15.05.2023, they woke up to find that their
son was missing. Initially, the police report indicated that
the complaint filed by the appellant was one of a missing
child, however, further investigation revealed that the case
was one of child-trafficking as detailed in the Memo of
Recovery in 193/2023 as follows:
“Today on 21/05/2023, I, Inspector incharge,
Ramakant Dube with my companion SI Prakash
Singh, SI Prabhakar Singh, SI Shivam Shrivastav,
Constable Mrityunjay Prasad, Constable
Shivnand in Government Jeep No. UP 65 AG
0882 with driver constable Mahender Patel,
departed from Police Station for prevention
of crime, night patrolling in search of wanted
criminals, were present at the Kamachha
crossing. That we received an information
via an informer that the video regarding child
kidnapping which was viral on social media, a
person involved in kidnapping of the said child
is heading towards garbage place on the way of
Nawab Gan and could be caught if immediate
action is taken. Believing this information,
informed the fellow officials about this and
after proper search of each other, reached
the garbage place along with the informer and
hidden ourselves behind garbage place and
started waiting for the arrival of that man. After
some time, a person was seen coming from
the Ujala Hospital side. The informer pointed
towards this man saying that he is the man who
has stolen the child and went away from there.
530 [2025] 5 S.C.R.

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We police officials were waiting for that person to
come closer. On coming more closer, we caught
him immediately using all the necessary force.
The caught person after being searched and
enquired about his name and address stated
his name as Santosh Gupta son of Tulsi Gupta
resident of Sinduriya Pokhari Shivdaspur, Police
Station Manduadih, age 42 years. When he
was searched, then a Samsung keypad mobile
no. 9260964142, IMEI 357116099227517/
357117099227515 was found from right pocket
of his pant and two notes of 50-50 rupees each
were found from left pocket of his pant. On strict
interrogation he stated that we have a gang. We
steal small children and sell them in Rajasthan,
Bihar, Jharkhand to childless couples with the
help of our agents for two lakhs to ten lakhs
and the amount received in equally distributed
among us. On 14/05/2023 night at about 03:00
o’clock I and my accomplice Vinay Kumar Mishra
son of late Rajesh Kumar Mishra resident of
Sinduriya Pokhari, Police Station Manduadih,
Varanasi stole a 4 year child sleeping in with a
husband-wife on the road near Ram Chander
Shukla crossing, took him in an Ertiga car
vehicle no. UP 65 ER 5183 and kept him with
my accomplice Sikha Modanwal wife of Sanjay
Modanwal resident of Sinduriya, Shivdaspur,
Manduadih Varanasi. We sell them with the help
of agents who are already connected with us.
I have sent the Ertiga Car vehicle No. UP 65
ER 5183 to Rajasthan to sell the child. I have
removed the vest of the child whom we stole from
Ram Chandra Shukla crossing and has kept it
at my house and kept him with Shikha making
him wear other clothes. Then we kept the child
with our companions Mahesh Rana resident of
District Kodarma, Jharkhand, Yashoda Devi wife
of Mukesh Pandit resident of District Hazaribagh,
Jharkhand, Sunita Devi wife of Mahesh Rana
[2025] 5 S.C.R. 531

Pinki v. State of Uttar Pradesh and Anr.

District Giridih Jharkhand and Mukesh Pandit,
who help me to steal and sell the children and
my son Shivam Gupta used to be with us in
stealing and selling the children. Few days
ago, we stole a Small Girl from Chowkaghat, a
boy from under Alopibagh Over bridge, a boy
and a girl from near Vindhyachal Station and a
small boy from Nadesar and a small girl from
Nagwa Lanka and sold them with help of my
accomplices. Two children out of these were
sold to Manish Jain, Paras, Ghanshyam and
Jagbir Baranwal at Jaipur. Rest of the children
have been sold to Sunita Devi, Yashoda Pandit,
Mahesh Rana resident of Koderma, Mukesh
Mandit and Mahesh Rana residents Giridih. I
can get the vest of child, who was stolen by us
from Ram Chander Shukla crossing, recovered
from my home. Thereafter with the hope of
recovery of the clothes of kidnapped child,
we went to the house of the accused with the
police force. The accused going ahead gave a
dusty white colored vest near the cupboard, on
the neck and arm of which, a black band was
available and he stated it to be the vest of the
same child whom they stole on 14/05/2023. In
the meantime, the complainant along with his
wife arrived there and after looking at the vest,
stated that this vest belongs to my son Rohit. He
was wearing this same vest when he was stolen.
The above-mentioned Vest was taken into police
custody and kept with mobile in a plastic box
and sealed and the currency notes recovered
while searching were kept in an envelope and
sealed. The accused was informed about his
act as a crime under sections 363, 311 of IPC
and he was taken into police custody at 4:00
o’clock. The orders and directions of Supreme
Court and National Human Rights commissions
were strictly obeyed during arrest and recovery.
The memo was prepared on directions of me
532 [2025] 5 S.C.R.

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the inspector in the light of torch and streetlight
by SI Shivam Shrivastav. Arrest memo was
prepared on spot. The information of arrest of
the accused was given to his father-in-law Gopal
Shah. Memo is being read over and signatures
are being obtained from all concerned. A copy
of memo is being given to the accused.”
b) There are in all 14 accused persons who have been
chargesheeted in connection with FIR No. 193/2023
registered with P.S. Bhelupur, Varanasi referred to above.
Out of the 14 accused persons, the bail of 5 accused
persons have already been cancelled by this Court.
c) The chargesheet came to be filed against the accused
persons on 17.07.2023 for the offence punishable under
Sections 363, 311, 370(5) of the IPC. However, the charges
are yet to be framed on account of the persistent failure
on part of the accused persons in to appear before the
concerned trial court.
d) The High Court had granted bail to several accused persons,
namely Sunita Devi, Gudiya Devi, Manish Jain, Mahesh
Rana s/o Ramlal Rana, Sangeeta Devi, Anuradha Devi and
Santosh Sao, vide orders dated 12.12.2023, 04.10.2023,
21.11.2023, 08.11.2023, 15.12.2023, 15.12.2023,
09.11.2023, respectively, which were challenged before this
Court vide SLP (Crl.) Nos. 1041–1047/2024. Subsequently,
vide order dated 24.09.2024, this Court was pleased to
set-aside the orders granting bail to the accused persons
in SLP (Crl.) No. 1041, 1042, 1044, 1045 and 1046/2024
respectively, with the direction to the accused persons to
surrender forthwith. The Special Leave Petition bearing
SLP (Crl.) No. 1043/2024 (R2- Manish Jain) and Criminal
Appeal bearing CRL.A. No. 4002/2024 arising out of SLP
(Crl.) No. 1047/2024 (R2-Santosh Sao) are before us for
consideration. Since the accused persons in SLP (Crl.)
No. 1041, 1042, 1044, 1045 and 1046/2024 respectively,
failed to surrender and no action was taken by the police
in furtherance to the aforesaid order, a Miscellaneous
Application bearing No.309/2025 came to be filed seeking
[2025] 5 S.C.R. 533

Pinki v. State of Uttar Pradesh and Anr.

appropriate directions to the State Police machinery to file
a status report. It was only after this Court directed the
respondent State to file an affidavit indicating the steps
taken to comply with the aforesaid order, that the necessary
action was taken to arrest the accused persons. They were
arrested after more than five months from the passing
of the order. It is pertinent to mention that the accused
persons failed to surrender despite non-bailable warrants
(for short, “NBW”) being issued against them from the
Court of the CJM, Varanasi. As per the status report filed
by the State, five accused persons, namely, Sunita Devi,
Gudiya Devi, Mahesh Rana s/o Ramlal Rana, Sangeeta
Devi and Anuradha Devi have been arrested.

ii. FIR No. 50/2023 (in Samsher Singh v. State of Uttar Pradesh
and Anr.)
a) The present case also pertains to the interstate child-
trafficking racket which is alleged to have been run by the
same accused persons against whom FIR No. 193/2023
was registered at P.S. Bhelupur, Varanasi. During the
police investigation of FIR No. 193/2023, the present FIR
No. 50/2023 came into the light. The appellant, Samsher
Singh is a labourer who makes his living while taking
shelter on the streets under Andhrapul Bridge in Varanasi.
On 28.03.2023, his one-year-old daughter, Mohini, was
kidnapped and upon realizing the same, the appellant
and his wife started searching for their child frantically but
were unable to locate her. Desperate and with no leads,
the appellant filed a police complaint on 29.05.2023 at
P.S. Chetganj, Varanasi.
b) There are 7 accused persons who have been chargesheeted
in FIR No. 50/2023 registered at P.S. Chetganj, Varanasi.
Out of the 7 accused persons, the bail orders passed by
the High Court of 3 accused persons are under challenge
before us.
c) The chargesheet came to be filed against the accused
persons on 16.09.2023 for the offence punishable under
Sections 363, 311 and 370 of the IPC. Thereafter,
534 [2025] 5 S.C.R.

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supplementary chargesheets dated 19.03.2024, 05.06.2024
and 12.08.2024 respectively, came to be filed under
Sections 363, 311 and 370 of the IPC respectively.
However, the charges are yet to be framed on account of
nonappearance of the accused persons before the court
concerned.
d) It is only after the intervention of this Court that the child
was traced and found on 20.03.2025 from the custody
of accused Anil Prasad Baranwal, R/o Krishna Nagar,
Kolkata, West Bengal.

iii. FIR No. 201/2023 (in Pinki v. State of Uttar Pradesh and Anr.).
a) The present case also pertains to the interstate child-
trafficking racket which is run by the same accused persons
against whom FIR No. 193/2023 was registered at P.S.
Bhelupur, Varanasi. During the police investigation of FIR
No. 193/2023, it was revealed that the present FIR No.
201/2023 had been registered at P.S. Cantt., Varanasi
against the gang members of the same child trafficking
racket. On 29.04.2023, Smt. Pinki’s one-year-old child,
Bahubali, was kidnapped from Nadesar Cantt., Varanasi
while the minor boy-child was sleeping beside the appellant
(Smt. Pinki), by the same members of the organized
interstate child-trafficking ring. Upon discovering that her
son went missing at 2:30AM, the appellant filed a police
complaint the following day at P.S. Cantt., Varanasi, leading
to the registration of FIR No. 201/2023 dated 30.04.2023.
Initially, the police report indicated that the complaint filed
by the appellant was one of a missing children, however,
further investigation revealed that the case was one of
child-trafficking as detailed in the Memo of Recovery in
FIR No. 201/2023 as follows:
“Today on 02/06/2023, I SI Saurabh Pandey
along with my companion SI Vaibhav Shukla,
Constable Anuj Kushvaha and Lady Constable
Rubi Singh, departed from Police Station Cantt,
Commissionerate Varanasi on dated 29/05/23
via GD 070 for investigation of present case
[2025] 5 S.C.R. 535

Pinki v. State of Uttar Pradesh and Anr.

and in hope of recovery of kidnapped child and
arrest of accused as per the information provided
by the accused arrested in FIR no. 193/23 Under
Section 363/177/370(5) IPC namely Shikha
Gupta and Manish Kumar Jain etc, for searching
and clue, reached at Police Station Chandwara,
District Kodarma, Jharkhand on 30/05/2023 and
with the help of local police were busy in attempt
to recovery of child and arrest of accused, then
from Police Station Cantt constable Prem
Shankar Patel and SI Anand Chaurasiya,
Constable Sachin Singh, Constable Sumit Sahi
Police Station Bhelupur, Commissionerate
Varanasi and SI Ram Upadhyay, Constable Ejaz
Hussain Police Station Chetganj,
Commissionerate Varanasi met us at Chandwara
Highway in search of kidnapped children and
in search of clue. At that time from Prayagraj
Police SI Pavan Kumar Singh with his
companions SI Vikas Yadav with SOG SI Dinesh
Singh, Constable Rakesh Dube, Constable
Piyush Vajpeyi, Driver Manoj Kumar Singh in
vehicle no. UP70AG2572, with team in search
of child Shani Bind related to FIR no. 76/23
under Section 363 IPC Police Station Daraganj,
Commissionerate Prayagraj, met with us. There
only, Inspector Madhav from Mirzapur police
along with Head Constable Lal ji Yadav,
Constable Brij Kishore Sharma, SI Daya
Shankar Ojha, lady Constable Raksha Yadav,
Driver Constable Prabhu Narayan with vehicle
UP 32 BG 7504 in FIR no. 74/23 Under Section
363 IPC Police Station Vindhyachal, District
Mirzapur for searching the kidnapped child Kajal,
met with us. We all police officials after sharing
the information about kidnapped children and
arrest of accused, with the help of Chanwara
Police, for searching of kidnapped children and
arrest of accused, were present at highway.
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Then an informer came and told us that
Anuradha Nurse, you are searching for, is
present at highway in front of Global Nursing
home for going somewhere, if you move
immediately then she might be caught. On
believing this information, after joint planning,
we all police officials moved ahead with informer.
On highway only, signalling towards a lady, the
informer told that she is Anuradha Nurse whom
you are searching and then the informer went
away from there. Then we police officials went
ahead towards that lady. That lady was enquired
about her name and address with the help of
lady constable Rubi Singh and also was
searched. Then she stated her name as
Anuradha Devi wife of Yogender Singh aged 37
years resident of Village and Post Office Lupung,
Police Station Katkam Sandi, District Hazaribagh,
Jharkhand. While searching two android mobile
were found from her left hand (1) Oppo
CPH2269, IMEI No. 86205005576687J/
S62050055766881 and (2) Samsung SM-
G E I O F, I M E I - 3 5 8 9 7 2 0 8 1 4 4 6 9 1 4 /
358973081446912 were recovered. Informing
about the above-mentioned incident, questions
were asked from above mentioned Anuradha,
then she told that I have purchased many
children through Madan Baranwal, Manish Jain,
Jagvir Baranwal, Ghanshyam and Gudiya and
sold ahead. Then I, the SI, asked her about the
child who was stolen from Nadesar Cantt after
showing his picture in the mobile then she said
that this one year baby was sold to me by Jagvir
in 2.5 Lakh rupees. I have sold this child further
in 3.5 lakh through Kuldeep Paswan resident
of Markacho to his some known one. After that
the picture of the child stolen from Prayagraj
was shown to Anuradha and she replied that
she had sold this child to Santosh Sao of
[2025] 5 S.C.R. 537

Pinki v. State of Uttar Pradesh and Anr.

Majhgawan and still the child is with him.
Thereafter Bhelupur police and SI Ram
Upadhyay asked her about the girl child stolen
from Choukaghat, Varanasi, then she said that
about this girl, only Madan Baranwal can tell
you about this child who is the relative of Jagvir
and Manish Jain. After that the Mirzapur police
showed the picture of the girl child kidnapped
from their area and enquired about her, then
Anuradha said that Jagvir and Gudia had sold
a four-five years old child to her in 45 thousand
rupees and she sold her to Sangeeta wife of
Tulsi Rana resident of Pogdanda working at
Health sub center. I was involved in the purchase
and sale of many other children. I can get
recovered the children kept with Santosh and
Sangeeta and can get Jagvir and Gudia
arrested. Thereafter, after keeping Anuradha
under supervision, we reached the place told
by her at Manjhgawa at the house of Santosh
Sav where Anuradha signalled towards a person
who was carrying a child and told that this is
the same child who was stolen from Prayagraj.
On this we police officials enquired about the
child from Santosh Sav through different
questions. He stated his name as Santosh Sav
son of Bihari Sav aged 37 years, resident of
Manjhgawa, Post Office Kako, Police Station
Tilaiya Dam, District Kodarma, Jharkhand and
when he was asked about the child strictly then
he stated that he purchased the child for Rs. 4
lakh from that Anuradha who has come with
you. Thereafter SI Pavan Kumar Singh sent the
photo of child to her parents and got the child
identified through video call from his father
Vishnu Bind where he identified the child as his
son Shani Nishad and the child also started
weeping after getting emotional while seeing
his parents on video call. Thereafter the child
538 [2025] 5 S.C.R.

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was taken in security by Constable Piyush
Vajpeyi and Santosh Sav was kept in supervision
of Constable Rakesh. We police officials moved
ahead with all of them. Anuradha further
informed that the baby of Vindhyachal is still
with Sangeeta Devi. On believing her, we
departed for the village of Sangeeta Devi namely
Pogdanda. Outside of village only we saw a
lady carrying a child in her lap. Signalling towards
her Anuradha told that she is Sangeeta and the
same child, about whom she was telling about.
Thereafter, that lady was asked about her name
and address and about that child with the help
of Lady Constable Raksha Yadav. She told that
my name is Sangeeta Devi wife of Tulsi Ram,
age 34 years, resident of Village Pogdanda,
Police Station Jainagar, District Kodarma. A
mobile from her left hand Samsung Galaxy
M O I S , I M E I 3 5 6 1 4 8 11 4 5 0 0 2 3 1 /
356149114500239, Mobile No. 990595469 was
recovered. On being enquired about the child,
she stated that she had purchased the child for
Rs. 55 thousand from the same Anuradha who
was with us and now I was going to searching
a customer for selling the child while you caught
me. Thereafter, the recovered child was handed
over in security of Constable Prem Shankar
Patel and Sangeeta Sao was handed over in
the monitoring of lady constable Raksha Yadav
and departed in search for the house of Gudiya
as per the information given by Anuradha and
after informing Police Station Tilaiya, reached
the house of Gudiya at Gandhi School Road,
Tilaiya, Kodarma. Where she was found present.
She was brought with lady constable Rubi Singh
after informing Police Station Tilaiya, we
departed towards Police Station Chandwara.
We reached near Chandwara Police Station, a
person was walking on the road, signaling
[2025] 5 S.C.R. 539

Pinki v. State of Uttar Pradesh and Anr.

towards whom Anuradha said that he is Jagvir
about whom I was telling. Thereafter that person
was stopped by us and he was told about the
incident and inquired. Then that person was
shocked on seeing Anuradha, Gudiya, Sangeeta
and recovered children and accepted his mistake
and apologized for his mistake and told that my
name is Jagvir Baranwal son of Sahdev Modi,
aged 41 years resident of village Mahugai, Post
Office and Police Station Chandwara, District
Kodarma, Jharkhand. One of my relatives is
Manish Kumar Jain resident of Jaipur, through
him I came into contact with a lady from Banaras
namely Shikha Gupta who with the help of her
companions Vinay, Tannu and Santosh steal
children and used to give to me and I with the
help of Gudiya and Anuradha sell them after
finding customers. Thereafter Jagvir Baranwal
was searched and from his right hand a Galaxy
A 30S, IMEI 35857711144744/ 358578101144742
android was found. Then Gudiya, who was with
us, apologized stating that she knew Madan
Baranwal, Jagvir Baranwal, Manish Jain and
Anuradha for a long time and I help to sell
children with help of them and I receive
commission for that. My name is Gudiya Devi
wife of Sakal Dev Yadav, age 30 years, resident
of Gandhi School Road, Tilaiya, Kodarma. Sir,
I also have a keypad mobile, I am giving the
same to you. When keypad mobile was seen,
it was of blue colour NOKIA keypad mobile IMEI
of which is 357749105458963. Santosh Sao
who was present with us also recovered a
keypad mobile. When it was seen, it was found
black colour Itel Mobile, the IMEI of which is
357278443860326/ 357278443860334. The
accused present on spot Jagvir Baranwal and
Santosh Sav above mentioned and accused
Anuradha Devi, Sangeeta Devi and Gudiya Devi
540 [2025] 5 S.C.R.

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above said were told about the sections
363/311/370 IPC and taken into police custody
at 11:05 hrs. During the arrest and recovery of
children, people were gathered there who were
told for witness but in fear of evil and good, they
went away from there. The orders and directions
of Supreme Court and Human Rights
commissions were obeyed. Memo of recovery
and arrest was prepared on spot and was read
over and signature are being obtained and
recovered mobiles phones were sealed and
stamped. Information of arrest will be given to
the family members through proper channel. A
copy of memo for accused is being given to
Jagvir Baranwal with their consent.”
b) There are ten accused persons who have been charge-
sheeted in connection with FIR No. 201/2023 registered
at P.S. Cantt., Varanasi. Out of the ten accused persons,
the bail orders of three accused persons have been
cancelled by this Court in proceedings arising out of FIR
No.193/2023. The legality and validity of the bail orders
passed by the High Court as regards six co-accused is
now falling for our consideration.
c) The chargesheet came to be filed against the accused
persons on 07.09.2023 for the offence punishable under
Sections 363, 311 & 370(5) of IPC respectively. However,
the charges are yet to be framed on account of non-
appearance of the accused persons before the court
concerned.
9. The details of the committal court proceedings as regards the
aforementioned three FIRs are as follows:
“i. FIR No. 193/2023
Before Special CJM, District Varanasi
Criminal Case No. 93745/2023
Cause Title: State v. Anuradha Devi & Ors.
Stage: For Committal
NDOH: 21.04.2025.
[2025] 5 S.C.R. 541

Pinki v. State of Uttar Pradesh and Anr.

ii. FIR No. 50/2023
Before Additional CJM, Court No. 5, District Varanasi
Criminal Case No. 113651/2023
Cause Title: State v. Manish Jain & Ors.
Stage: For committal
NDOH: 01.04.2025
iii. FIR No. 201/2023
Before CJM, District Varanasi
Criminal Case No. 118963/2023
Cause Title: State v. Kuldeep Paswan @ Kuldeep Ram
& Ors.
Stage: For committal
NDOH: 03.04.2025”

B. CHILD TRAFFICKING

i. Global Context
10. The UN Convention on the Rights of the Child, 1989 (CRC),
recognises the importance of family and the importance for a child
to grow in a family environment.1 It also casts a duty on the State
to ensure that children should not be separated from their parents
against their will except when it is in the best interests of the child.
Adoption is considered an alternate care mechanism for children who
are unable to live with their parents due to various circumstances
and adoption is preferred over institutionalisation.
11. In 1993, The Hague Convention on Protection of Children and
Cooperation in Respect of Inter-country Adoption2 was introduced to
have a global regulatory system to ensure that adoptions take place
through a state approved mechanism and inter-country adoptions take
place after exhausting adoption/placement opportunities domestically.
The principle of “subsidiarity” is one of the guiding principles of
this Convention. The States which have signed and ratified these
conventions have also framed domestic regulations conforming to

1 Convention on the Rights of the Child arts. 7 & 8, Nov. 20, 1989, 1577 U.N.T.S. 3.
2 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, May
29, 1993, 1870 U.N.T.S. 167.
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the International Conventions and created institutions to implement
the same.
12. In the year 2000, there was a global acknowledgement of trafficking
in persons was taking diverse forms and hence, it was collectively
decided that studying and recognising the trafficking processes vis-
à-vis the purpose for which such trafficking was being done, was
important. This enabled recognising a pattern used by traffickers
for different end results. In the “Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children”
supplementing the UN Convention against Transnational Organised
Crime, “trafficking” has been defined under Article 3 of the Protocol
as follows:
“(a) “Trafficking in persons” shall mean the recruitment,
transportation, transfer, harbouring or receipt of persons,
by means of the threat or use of force or other forms
of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the
giving or receiving of payments or benefits to achieve the
consent of a person having control over another person,
for the purpose of exploitation. Exploitation shall include,
at a minimum, the exploitation of the prostitution of others
or other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude
or the removal of organs;
(b) The consent of a victim of trafficking in persons to the
intended exploitation set forth in subparagraph (a) of this
article shall be irrelevant where any of the means set forth
in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or
receipt of a child for the purpose of exploitation shall be
considered “trafficking in persons” even if this does not
involve any of the means set forth in subparagraph (a)
of this article;
(d) “Child” shall mean any person under eighteen years
of age.”
13. Over the years, demands for adoption of children have increased
and there is a significant waiting period for prospective parents to
[2025] 5 S.C.R. 543

Pinki v. State of Uttar Pradesh and Anr.

adopt. At any given point in time, there are parents waiting for at least
3-4 years to adopt. Even after being processed and children being
matched, the necessary verification processes also take a long time.
Such long delays have created an increase in the demand for children
who are declared legally fit for adoptions, and has consequently
attracted trafficking of children for the purpose of adoption.
14. In 2016, in her thematic report, the UN Special Rapporteur on the
sale of children, child prostitution and child pornography, documented
illegal adoptions and concluded that “adoptions resulting from crimes
such as abduction and sale of and trafficking in children, fraud in
the declaration of adaptability, falsification of official documents
or coercion, and any illicit activity or practice, such as lack of
proper consent by biological parents, improper financial gain by
intermediaries and related corruption, constitute illegal adoptions
and must be prohibited, criminalised and sanctioned as such”.3 The
Report documents demand for children as a major enabling factor
for the criminal networks to engage in large scale abduction and
sale of children.
15. There is global recognition for the duality of the crime committed
during the course of illegal adoption, namely, illegal adoption where the
parent has participated in the commercial transaction of transferring
custody of the child or cases where the parent does not have any
financial gain but the adoption itself is illegal.
16. There are sporadic reports of cases of kidnapping for placing children
in adoption. A documentary filmmaker has written about cases in
China where children went missing/were kidnapped and placed in
adoptions in the United States.4 There are various reports of Ukrainian
children being kidnapped and placed in Russia and Guatemalan
children kidnapped and placed in illegal adoptions abroad.

ii. Child Trafficking in India
17. Article 23 of the Constitution of India recognises trafficking and
prohibits the same. Article 23 reads thus:

3 Report of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, U.N.
Doc. A/HRC/34/55 (Dec. 22, 2016).
4 Charlie Custer, Kidnapped and Sold: Inside the Dark World of Child Trafficking in China, The Atlantic
(July 25, 2013).
544 [2025] 5 S.C.R.

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“23. Prohibition of traffic in human beings and forced
labour.
1.Traffic in human beings and begar and other similar forms
of forced labour are prohibited and any contravention of
this provision shall be an offence punishable in accordance
with law.
2. Nothing in this article shall prevent the State from
imposing compulsory service for public purposes, and
in imposing such service the State shall not make any
discrimination on grounds only of religion, race, caste or
class or any of them.”
18. The identification of forced labour, specifically in 1950 indicates that
at that time, trafficking was confined to certain forms. Trafficking in
Persons (for short, “TIP”) in India has taken diverse forms and almost
each of them is prevalent across the country. An overall analysis
of trafficking patterns across states reiterates the prevalence of
trafficking in large numbers with the number of cases sharply rising
with time. What is of concern is the rapid spread of the problem
with previously unknown factors getting embedded in the web of
traffickers. Changing trafficking patterns have brought along changes
in the traffickers, their modus operandi, their manipulation of the
victims and their understanding of the limitations in the criminal
justice system. As the instances shared hereinabove indicate, the
traffickers are operating with impunity and have deftly adapted to
the advances in technology using it to their benefit.
19. Following the definition in the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children
supplementing the UN Convention against Transnational Organised
Crime and after signing and ratifying, Indian government adapted by
way of an amendment in 2013 to the Penal Code added Sections 370
and 370A of the Indian Penal Code. Subsequently, the enactment
of the new criminal laws essentially replicated the same provisions
that were existing as Section 370 and 370A of the IPC respectively
into Section 143 and 144 BNS respectively.
20. Trafficking in persons now is more expansively defined. In addition
to the conventional understanding of trafficking being synonymous
to sex trafficking and forced labour, trafficking includes other forms
[2025] 5 S.C.R. 545

Pinki v. State of Uttar Pradesh and Anr.

as long as there is “recruitment, transportation, transfer, harbouring
or receipt of person” for the purposes of exploitation using threat,
using force, forms of coercion, abduction, fraud, deceit, abuse of
power or vulnerability or consideration to get consent. The definition
is inclusive in nature giving room for emerging forms of exploitation
to be included as TIP. Consequently, an exercise to understand the
expanse of trafficking needs to intrinsically examine the means of
the process of engagement without getting limited to the form.
21. In the present child kidnapping racket, the traffickers are well networked
through their smartphones sharing information, photographs,
transferring money, sharing locations etc. Their operations, the relative
ease with which they are able to operate and procure buyers for
selling the children outside their states indicate that they are aware
of the technology, they recognise demand, and they recognise the
need to operate as a network.
22. It is critical to note the number of cases that were tracked in such
a short time span. This indicates that these kidnappings have been
taking place in large numbers on a regular basis and there is an
urgent need to consolidate these cases and examine them to be
able to identify patterns.
23. Child selling is not new to this country. There was a time when
children were being sold as part of inter-country adoptions and this
Court had passed detailed judgements acknowledging the same.
This Court in Lakshmi Kant Pandey v. Union of India reported in
(1984) 2 SCC 244 dealt with the issue of malpractices and trafficking
in children in connection with adoption of Indian children by foreigners
and its commercialisation. This Court took note of the fact that large
amounts were being demanded by ill-equipped and sometimes even
undesirable organisations or individuals camouflaging trafficking and
sale of children as inter-country adoption. In order to protect the
welfare of children, this Court, in consultation with several social
and child welfare institutions, laid out a comprehensive framework
of normative and procedural safeguards for regulating inter-country
adoption as protection against abuse, maltreatment or exploitation
of children and to secure them a healthy, decent family life. While
formulating standards and procedures, this Court referenced various
relevant laws and policies including Articles 15(3), 24, and 39 of
the Indian Constitution regarding child welfare, and the principles
546 [2025] 5 S.C.R.

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embodied in the U.N. Declaration on the Rights of the Child (1959).
The delineated safeguards include, amongst several others, the
requirement that foreigners wishing to adopt be sponsored by relevant
licensed agencies in their own country, that no adoption application
from a foreigner should be entertained directly by any adoption
agency in India, that agencies working on inter-country adoptions
and licensed by the Government of India must meet certain stipulated
criteria and undertake specific responsibilities in ensuring the safety
and wellbeing of adopted children, and that all inter-country adoption
proceedings must be approved by the local courts.
24. Over the years, human trafficking has manifested into various
forms of exploitation and child trafficking has increased. It has been
documented that children are being trafficked for:
i) Sexual exploitation;
ii) Forced labour;
iii) Begging and petty crimes;
iv) Armed conflict;
v) Child marriage;
vi) Illegal adoption.
25. Each of the above has further manifestations within itself. Trafficking
for forced criminality is raising at alarming levels since traffickers
have realised the protections offered to children in the juvenile justice
system in many jurisdictions. A protection mechanism for children is
exploited as a safe haven for committing heinous crimes.
26. Following the judgment in Lakshmi Kant Pandey (supra) in the year
1990, the Central Adoption Resource Authority (CARA) was set up by
the Government of India to regulate, monitor and promote adoption
of orphaned, abandoned or surrendered children. Initially, CARA
was registered as a Society under the Societies Registration Act,
1860. Over the years, CARA processes were made an intrinsic part
of the Juvenile Justice system. Through Section 68 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (for short, the
“JJ Act, 2015”), CARA attained the status of a statutory body with
the mandate to promote and regulate adoptions, facilitate interstate
adoptions, frame regulations on adoption related matters and regulate
inter-country adoptions.
[2025] 5 S.C.R. 547

Pinki v. State of Uttar Pradesh and Anr.

27. The JJ Act, 2015 is a secular Act which specifies in Section 58(1) that
any person irrespective of religion can adopt a child. Section 56(3) of
the Act states that nothing in this Act shall apply to adoptions under
the Hindu Adoption and Maintenance Act (HAMA). As per Section
56(4) of the JJ Act, 2015, all intercountry adoptions are done as
per the provisions of the Act and the Adoption Regulations framed
by CARA. The categories of children available for adoption are
seen from a reading of Section 38 of the JJ Act, 2015 as per which
orphaned, abandoned and surrendered children who are declared
legally free for adoption by the Child Welfare Committee can be
placed for in-country and inter-country adoption. The eligibility criteria
for prospective adoptive parents is prescribed under Section 57 and
the procedure for adoption by Indian prospective adoptive parents
living in India is given in Section 58 of the JJ, Act 2015 respectively.
Under Section 61 of the JJ Act, 2015 before issuing an adoption
order, the Court is required to satisfy itself that there is no payment or
agreement to pay or reward any consideration from the prospective
adoptive parents to the Specialised Adoption Agency, except towards
the permitted adoption fees or service charge or childcare corpus.
28. Due to the checks and balances provided in the statute and CARA
regulations, adoption becomes a long-drawn process and there is a
huge waiting list for parents to adopt children. There are not enough
children who are declared “legally free for adoption” under the law.
This seems to have led to a demand for children and traffickers
taking advantage of this demand.
29. Lakshmikant Pandey (supra) primarily dealt with cases where the
biological parents were coerced in diverse ways to part with their
children and then those children were given in adoption to prospective
parents outside India. In the present set of cases, a cognizable
offence is made out at the outset with the kidnapping of children,
multiple transactions of the sale of children ultimately handing over
custody illegally.

iii. Missing Children and Trafficking.
30. In Bachpan Bachao Andolan v. Union of India & Ors., reported
(2014) 16 SCC 616, this Court dealt with issues regarding the manner
in which a complaint about a missing child was being handled by
the local police station. The Court heard the National Human Rights
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Commission and the National Legal Services Authority and issued
directions with a view to ensuring that cases of missing children are
presumed to be taken as cases of abduction or trafficking unless the
investigation shows otherwise. Some of the key directions issued by
this Court which are relevant for the present case are:
“1. ...in case of complaint with regard to any missing
children made in a police station, the same should be
reduced into a First Information Report and appropriate
steps should be taken to see that follow-up investigation
is taken up immediately thereafter.
2. ... in case of every missing child reported; there will be
an initial presumption of either abduction or trafficking,
unless, in the investigation, the same is proved otherwise. ...
... whenever any complaint is filed before the police
authorities regarding a missing child, the same must be
entertained under Section 154 Cr.P.C. However, even in
respect of complaints made otherwise with regard to a child,
which may come within the scope of Section 155 Cr.P.C.,
upon making an entry in the Book to be maintained for
the purposes of Section 155 Cr.P.C., and after referring
the information to the Magistrate concerned, continue with
the inquiry into the complaint. [...]”
31. Sometime in 2023, the National Human Rights Commission (NHRC)
entrusted the study on Human Trafficking to the Bharatiya Institute
of Research and Development (BIRD), New Delhi. The report filed
by BIRD dated 12.04.2023 has recorded the following major findings
of the study:
“Preventive Measures, Profile of Victims & Their
Exploitation
1. NCRB Data shows that during 2019, about 3.80 Lakh
persons were traced missing and out of them, about 2/3rd
were females. Out of total missing persons, a significant
number of persons could not be traced out and remained
missing. This shows that a large proportion of missing
persons particularly women were forced into sexual
exploitation trade. The Supreme Court while hearing a
case in 2013 directed police that cases of missing children
[2025] 5 S.C.R. 549

Pinki v. State of Uttar Pradesh and Anr.

should be treated as abduction or trafficking until proven
otherwise, it is yet to become a reality.
2. Most of the trafficked respondents (80.7%) were from
economically weaker sections i.e., BPL families (50.3%),
AAY-Antyodaya Anna Yojana (30.4%) (Poorest of Poor)
hailing from Rural & Semi-urban areas.
3. Friends/lovers/brokers/middlemen, strangers and
migrant workers recruiters / placement agents were the
main persons who initiated victims in trafficking; about 12%
victims admitted that their family members are already
trafficked.
4. About 11% victim respondents were found minor at the
time of trafficking and thus, they were accompanied by
family members during the course of trafficking. As per
NCRB Data for 2019 this comes to 44.04% (2914 victims
were minor out of total 6616 trafficked victims). Promise
for paid work, to pay back or support parents were the
main reasons for trafficking in case of minor at the time
of trafficking.
5. Sexual exploitation, violence, beating, over work and
deprivation of sleep and food were some of the types
of physical and sexual abuse/violence experience by
trafficking victims and sex workers. About 58% victims
also experience injuries during their trafficking.
6. Victim re-trafficking is a common occurrence, especially
in socially and economically disadvantaged areas. As per
Report of International Organisation for Migration (IOM),
one study found rates of re-trafficking in India to be 25.8
per cent among women trafficked for sexual exploitation;
of this figure, 8.4 per cent had been trafficked on three
or more occasions.
7. There is an increase in the recruitment of vulnerable
people for online sexual exploitation by traffickers, as well
as a growing market for child sexual abuse material and
technology facilitated child sex trafficking.
8. Many trafficked people (8%) are still unable to access
governmental help due to administrative hurdles especially
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victims hailing from Bangladesh, Nepal & Myanmar. One
of the most difficult parts is determining legal status/
Identity. Trafficked people are frequently refused state
services (e.g., medical, employment, social assistance,
kindergarten, etc.) as well as other advantages to which
they should be entitled and which are critical in the
reintegration process.
9. A negligible proportion (10.8%) of Law Enforcement
Agency respondents & 7.6% Programme Administrators
admitted that there has been some kind of vulnerabilities
survey in their States, it was reported from Tamil Nadu
followed by Assam and Karnataka.
10. It is reported that Domestic Work is offered to the
majority of trafficked victims or migrant workers, particularly
females, by traffickers/placement agencies/migrant worker
recruiters, etc.
11. Domestic workers, caretakers, and those employed
in the sex and entertainment industries are largely
unprotected by labour laws. Female migrants may be
coerced into prostitution or the sale of sexual favours in
order to survive or provide for their family, especially if they
are forced to migrate or are displaced. Sexual exploitation
is a threat to migrant women.
12. The types of physical and psychological abuse human
trafficking victims experience have led to serious mental
or emotional health consequences, including feelings of
severe guilt, posttraumatic stress disorder, depression,
anxiety, substance abuse (alcohol or narcotics), and
eating disorders. Victims of trafficking were in need of
psychological care as part of comprehensive medical
treatment. Stress, depression, sleeplessness, desperation,
negative thinking, sort temper and violence and lack of
obedience were some of the psychological impacts of
human trafficking.
13. Violent exploitation has resulted in survivors developing
a mistrust of care-giving individuals and systems, which
has severely hindered the service delivery.
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14. Prolonged physical and mental abuse has affected
victim’s behaviour in negative ways, having an impact on
both physical and emotional responses. Because trafficked
persons experienced extreme forms of trauma over long
periods of time, their capacities both to understand what
has happened to them and to describe their experiences
are directly impaired as a result of such abuse. Victims
found that it is difficult to make personal sense of the
abuse they have experienced, much less tried to explain
it to the authorities of shelter home or counsellors.
15. Social withdrawal, poor communication skills, inability
to express feelings, difficulty with adjustment, lack of
motivation and aggression, sexual activeness, nightmares,
inability to make friendship and frightened of adults and
strangers were some of the behavioural impacts reported
by victims of human trafficking.
16. The level of awareness about schemes and programmes
among the trafficked victim respondents was reported very
low as negligible proportion of respondents were found
aware about a few schemes such as Beti Bachao, Beti
Padao, Swadhar Greh, Ujjawala, child line and children’s
homes. A negligible proportion of respondents further
reported that they get benefits under Ujjawala, Swadhar,
compensation for sexual exploitation and children homes
scheme.
17. Only 3.6% victim respondents were aware about
Compensation Scheme for Women Victims/Survivor of
Sexual Assault/other crime-2018 and only 2.6% respondents
got benefitted from the Scheme. The Victim Compensation
Scheme established under 357- A Cr.P.C. by National Legal
Services Authorities are not reaching the trafficked victims.
In the last seven years, between 2012 and 2019, across
India, not even 100 victims of human trafficking have been
awarded compensation. Out of total 100 applications, only
30 survivors received compensation amount. In 19 States,
out of the total fund allocation of Rs 544.53 crore for victim
compensation, only 128.27 crore has been utilized and 75
per cent of the funds remain unutilized.
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18. About 1/3rd victim respondents reported that their family
is unwilling to accept them back. However, about 2/3rd
victims were willing to join mains steam after exit of the
trafficking. Slightly less than 1/3rd victims further reported
that they try to escape from destination of trafficking.
19. Less than 1/3rd sex workers reported that their
families are willing to accept them back in their families.
Similarly, majority of rescued victims were found willing
to join mainstream as against 1/3rd of sex workers who
were willing to join mainstream at the exit of trafficking.
More than 2/5th rescued victims attempted to escape from
destination of trafficking as against 6% of sex workers who
try to escape from the trafficking.
20. There are still a lot of social customs/practices that
inducts young girls into prostitution.
21. Majority of the sex workers were from the age group of
16 years and above at the time of entry in sex profession.
However, more than 1/4th respondents were less than 16
years of age.
22. There is no sound programme and scheme to prevent
second generation of prostitutions.
23. Psychological manipulation, threat of physical violence
and pleasure are some of the main habituation factors in
sex profession.
24. About 60% sex workers are willing to exit from the
profession. Most of the respondents reported that they do
not want that their children follow their mother’s profession.
However, majority of them require the support such as
livelihood and accommodation, alternative livelihood and
safe and secure place to live in order to exit from the
current profession.
25. A new form of organized Prostitution has emerged
in recent years. Gangs involved in organized prostitution
are luring customers through internet, text messages and
mobile based applications, taking advantage of a loophole
in the law which is silent on regulating the proliferation,
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promotion and advertisement of prostitution on digital
platforms and even though leaflets /pamphlets. In the name
of Cross Gender Massage Services, Organized Sexual
Services are being provided at Night Clubs, Massage
Parlours, Spas, Luxury Hotels & Resorts, Motels, Dance
Bars, Private Residences, huts and even vehicles etc.
26. Poverty and illiteracy have been identified as two
primary causes of trafficking and primary data simply
supports this theory as most of the parents of trafficked
victims are illiterate and were living in object poverty.
27. About 60% parents of victim respondents said that
family members are the facilitators followed by friends/
relatives (11.8%), contractors/agents (5.9%) and placement
agencies (2.9%). Surprisingly 23.5% respondents reported
that their children run away from home.
28. Most of the (about 37%) parents reported that their
children were working as forced labour-domestic works.
29. About 31% parents reported that their children were
working in hazardous industries, metallurgical industries,
coal, fertilizers, mining, chemical & petrochemicals, cement
and firecracker workshops. As per census of 2011, this
figure is 20.7%.
30. There is a lack of National Level Campaign against
Human Trafficking and Media is silent.
31. About 2/5th Law Enforcement Agency respondents
reported that the problem of human trafficking is serious
and this has been taken as priority in their agency. Even
less than 1/3rd respondents viewed that human trafficking
is very serious problem. It was found more pronouncing
in Tamil Nadu followed by Karnataka and West Bengal.
32. A negligible proportion of Law Enforcement Agency
respondents (7.5%) admitted that placement agencies that
facilitate migration are registered with law enforcement
agency. It was found more pronouncing in Tamil Nadu
followed by Karnataka and Maharashtra. Thus, most of
the respondents revealed that placement agencies are
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not registered with them. Thus, there is possibility of
exploitation of girls during their migration.
33. The main reasons for non-stoppable trafficking as per
law enforcement agencies were recorded mainly poor
economic conditions, social customs, gender inequality,
negligible penalties, domestic violence and poor law
enforcement. However, prosecuting officers reported that
poor economic conditions, poor law enforcement, negligible
penalties, corruption, social customs, gender inequalities
and inadequate laws are important reasons responsible
for human trafficking.
34. Majority of stakeholders during FGDs informed that it
is necessary to identify appropriate points of intervention
so that migrants and future migrants are warned about
the dangers and repercussions of human trafficking and
get information that allows them to seek help if necessary.
35. Poverty, lack of means of livelihood, many girl children,
lack of education, child marriages, and domestic violence
are some of the major trafficking vulnerabilities. However,
trafficking vulnerabilities vary across the stakeholders such
as victims, law enforcement agencies and traffickers.
36. Poverty along with gender discrimination, domestic
abuse/ violence, organized crime/ poor law enforcement,
social inequities and cultural practices are some of the
supply side factors of human trafficking and Cheap labour
force, cheap domestic servants / maids, demand for
women‘s sexual services and derived demand-profit and
revenue generated by third parties including recruiters are
some of the demand side factors responsible for human
trafficking identified in this research.
37. Abuse of vulnerability/promise and offering money /
jobs, allurement/ be funding / enticing with attractive offers,
deception, fraud making, false promises of marriage,
physical force / use of force and threats were some of
the modus operandi of traffickers.
38. A negligible proportion of victims (5.3%), traffickers
(0.0%), parents (0.7%) and client’s (4.8%) respondent
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were found aware of National Human Rights Commission.
The awareness level was found slightly significant among
women and children victims followed by clients. The main
sources of information about NHRC were reported to be
NGOs followed by print media and electronic media.
39. About 56% of respondents, who were aware about
NHRC, were partially aware of role and functions of NHRC.
It was found more pronouncing among the parents followed
by women and child victims, law enforcement agencies
and clients. Slightly more than 1/3rd respondents were
found fully aware of role and functions of NHRC. It was
found more pronouncing among the public prosecutors
followed by programme administrators. About 1/3rd clients
and more than 1/4th service providers were not aware at
all about the roles and functions of NHRC.
40. Insufficient and inadequate laws, poor enforcement,
ineffective penalties, minimal chances of prosecution, the
relatively low risks involved, corruption and complacency,
poor visibility and less debate on the issue, the lack of
political will of the governments to implement policies and
to provide adequate services for victims- all has played
important role in perpetuating trafficking.
41. It has been also expressed by all stakeholders that
people who takes up the cudgels against trafficking are in
miniscule. It becomes difficult to combat because everyone
(trafficking camp) is unified. The profiting families are also
reluctant to talk.”
32. The report thereafter talks about law enforcement, traffickers and
exploiters. The same reads thus:
“Law Enforcement, Traffickers & Exploiters
1. AHTUs in India are special police units, devoted to
tackle human trafficking. Following MHA advisory (July
2020), a recent report of 16 states and UTs suggest that
225 AHTUs existed only on paper, and only 27 percent
of the AHTUs were operational. Most of the AHTUs
are designated AHTUs burdened with a lot of other law
enforcement activities. The Anti Human Trafficking Units
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(AHTUs) are not fully operative & Dedicated to Human
Trafficking and in many districts of India, AHTUs have not
been established so far.
2. Anti-Human Trafficking units (AHTUs) are currently
under-resourced as well as undertrained. AHTUs are not
fully aware about various legislations and sections dealing
with human Trafficking.
3. According to the Protocol, rescue teams should include:
an official from the Department of Labour, representatives
of the CWCs, a local non-profit, a doctor, and a female
police officer or volunteer. These individuals must receive
training on relevant laws, their individual responsibilities,
and trauma prevention strategies. However, research
participants reported that, in reality, teams are often
too small to cope with the numbers of children needing
rescue. Police officers, doctors, and female witnesses only
sporadically take part. Key informant data suggests this
overreliance leads to ad hoc and under-resourced raids
directed by inexperienced or poorly supported workers,
a situation that can and does inflict additional trauma on
vulnerable children.
4. The Rescue Protocol states that details of the rescue
and the identities of rescued children must remain strictly
confidential, and should not be disclosed to outside parties,
including the media. Yet privacy breaches concerning
occurrences and information leaks before, during and
after raids are frequent.
5. Service Provider Respondents stated that employers
are often alerted to impending raids, and that unsuccessful
rescue operations can increase the risk of employers
retaliating against children.
6. Most of the Government official stated that rescue
team members directly solicit media involvement so ‘the
public could understand that this type of activity is a
crime and punishable offence’. Publicity generates risks
of retaliation against rescued children, increased social
stigma and difficulty in reintegration. Moreover, widespread
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sensationalized media coverage of raids plays an important
role in simplifying the complex underlying social and
economic problems that perpetuate this problem.
7. Key informant interviews held with police officers,
Government Railway Police (GRP) and Railway Protection
Force (RPF) and other stakeholders-Child Welfare
Committee members, NGO representatives, and vendors
in railway stations, reveals that most cases of trafficking
are not registered or reported which is the major reason
for the declining trend in reported cases of trafficking. It is
reported that Memo/GD entry is made by GRB/RPF and
children are handed over to Child Welfare Committee in
most cases. Some of them are left without any enquiry/
record.
8. The terms “human trafficking” and “migration” are being
used interchangeably, resulting in the denial of labour
rights. It’s crucial to understand the difference between
“trafficking,” “sex work,” and “migration.”
9. Human Trafficking incidents are underreported as a
result, the complainant is compelled to file a complaint
through court order, while the offending police officers walk
free. There are cases of refusal by police to file a complaint
on the basis of jurisdiction/area, despite the fact that any
police station can file a complaint and the investigation
can be moved to the appropriate police station.
10. There are several reasons for non-registration of cases.
It varies from case to case. The police officials are not
much aware of IPC section 370. It is clearly provided in
explanation-2 of the Act that the consent of the victim is
immaterial in determination of the offence of trafficking,
most of the police officers don’t accept it. In the case of
Bhagubhai Patel v State of Gujarat, the High Court held that
a customer at a brothel comes within the purview of sec
370 of the IPC because trafficking also includes prostitution,
the reason being that it is one type of exploitation.
11. The police are burdened with so many responsibilities
as there are vacancies in police stations. Hence, they
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are reluctant as they cannot investigate the entire chain
which crosses over three to four states. No coordination
mechanism is available between source and destination
states. Even if victims are rescued and sent back to
their home, there is no rehabilitation package under IPC
which would result in leaving the victims unprotected.
There will be also problem in filing charge sheet, trail
and other proceedings for which the victims will not
either coordinate or turn hostile. Corruption, pressure
from superiors/politicians and lack of review mechanism
force the officers in non-reporting of incidents. Moreover,
the child protection mechanisms are very weak and they
are not properly enquiring the victims and following the
procedures. They don’t have any power or authority to
influence the police officers.
12. The major challenges being faced by agency in
encountering with investigation of cases frequently
reported of lack of victim cooperation/victim distressed,
community ignorance and lack of identity as Victims
do not identify themselves as a Victim. However, other
important challenges were reported to be language /cultural
barriers, lack of adequate resources, victims do not identify
themselves as victims, lack of support with victim support
providers, lack of adequate training and knowledge as well
as lack of procedures and clear jurisdiction.
13. NGOs and Service Providers reported that most of
the AHTU or police relied on NGOs to report victims
to the police for action. In some cases, poor inter-state
coordination impeded victims’ ability to obtain services and
participate in civil and criminal cases upon return to their
home states. The Odisha Labour Department took steps to
improve interstate coordination on labour trafficking cases
by establishing help desks, located in the capital cities of
Telangana and Andhra Pradesh, as well as in Delhi, to
identify trafficking victims from Odisha.
14. International Justice Mission (IJM) and other NGOs
reported that some officials in Uttar Pradesh, Tamil
Nadu, Telangana and Karnataka treated bonded labour
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cases as labour exploitation, which meant victims were
not identified as bonded labour victims, did not receive
“release certificates,” and were not eligible for government
compensation or services. In the Bonded Labour Abolition
Act, the definition of accused restricted to the principal
employer and leaves traffickers out of the ambit of
prosecution.
15. Labour department officials do not register FIR in most
of the cases as mandated under law as there is confusion
& disagreement about who has this responsibility. The
resulting consensus is that employers are ‘rarely’ or ‘never’
arrested & unlikely to be convicted. Official figures for 2015
show that nationwide only 55 cases of child trafficking for
any purpose 1.09% resulted in convictions out of 5,026
under investigation.
16. Most of the traffickers during interaction told that they
are also involved in drug peddling but they were always
arrested on grounds of human trafficking rather than for
drug peddling as they get bail easily in trafficking cases.
Justice S K Panigrahi of Odisha High Court. Justice
Panigrahi has heavily commented on this issue as reported
in TOI: 02.07.2020. Drug trafficking is linked to many forms
of trafficking including diverse forms of labour trafficking
in agriculture, begging and diverse forms of hard physical
labour.
17. Associations with traffickers with Pan India Network of
Traffickers & smugglers is the basic reason for about half of
the respondents for getting involved in flesh trade, whereas
more than one third (37%) respondents have reported
that earlier they were Sex Workers/Broker/Pimps, about
8% have reported that earlier they were brothel owners.
2% respondents were practicing their inherited business.
18. Most of the traffickers (79.6%) reported that they traffic
the victims on promise of money/ jobs and they directly
contact to the family/victims through their placement
agencies. Placement agencies are playing a major role in
trafficking minor girls as well as children for the purpose
of labour, sex slavery and forced marriages.
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19. The traffickers have changed their modus operandi
with the changes in law and society. In most of the cases
the trafficker is known to the victim who convinces the
victim and her/his family and further sell them over to
placement agent.
20. For objecting the work given by placement agencies, the
victims are tortured, thrashed and beaten up badly, many
times these victim girls report sexual violence and assault
by the placement agents and even by their employers. The
girls are kept confined in the placement agencies till the
time they are sold further. These placement agencies keep
on changing their addresses, name and contact details
to escape from law.
21. Most of the Traffickers (98%) reported that Relatives /
family members, neighbour / friends and other middle men
are playing critical role in making women and children
more vulnerable to join trafficking.
22. Big profit and lack of alternative livelihood for
trafficker are the main reasons for continuity act of human
trafficking.
23. Witness turning hostile, protection of victims and
witness, court adjournment and victims pleading guilty
were some of the major difficulties being faced by Law
Enforcement Agencies in working with cases of human
trafficking.
24. The phenomenon of flying sex workers is increasing
day by day and has been attributed the reason behind
flourishing of brothels.
25. More than 2/5th brothel keepers reported that police
raids thrice and above in a month in the brothels. The main
reasons for police raids were reported to be checking of
minor girls, law and order problems and for official figures.
More than 1/4th brothel keepers reported that Police Raids
the brothel when monthly quota is not given to them. About
1/4th respondents reported that they are often involved in
contact with police. About 30% respondents reported that
police are also involved in racket of trafficking.
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26. Only 7.9% clients reported that they were ever harassed
by Police and those who were harassed 4.8% clients
reported that they were harassed occasionally whereas
3.2% reported that were rarely harassed. Clients those
who were harassed by Police were asked what was the
action taken by Police when encountered. 6.3% Clients
reported that Police extracted money from them and 1.6%
reported that they were verbally abused.
27. Easy bail for traffickers, intimidation and humiliation
of victims, and baseless segregation of survivors/accused
following rescue operation from brothels during complaint
filing are the major gaps in the enforcement mechanism
to combat human trafficking.
28. Most of the Law Enforcement Agency respondents
admitted that the officials of their units/department have
received training on the issues of human trafficking.
However, a large proportion of respondents in Karnataka,
Uttar Pradesh and Tamil Nadu revealed that officers have
not received such training.
29. Most (84.4%) of the Law Enforcement Agency
respondents reported that less than half of the officers in
their departments have received training on the issues of
human trafficking. In-service, induction, orientation and
refresher training were organized on the issues of human
trafficking.
30. Most of the Law Enforcement Agency respondents
(91.4%) revealed that they learn the subject of human
trafficking as regular law enforcement activities while about
half of the respondents admitted that they learn such
knowledge from training, conference and workshops. Thus,
about 2/3rd respondents revealed that their knowledge
about legislations on human trafficking is at average level.
31. Majority of the Law Enforcement Agency respondents
(64.5%) reported that section-7 and 8 are most commonly
used sections of ITPA. However, about 58.1% respondents
revealed that section-3 and 4 are most commonly used
sections of ITPA.
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32. There is a lack of integrated information system about
the trafficked person and the traffickers/brothel owners/
operators.
33. Police involvement in perpetuating the practice of
trafficking is reported by traffickers, NGOs as well as
brothel keepers. Raid and rescue efforts have often
resulted in police harassment, detention and abuse of
women and minor girls as reported by victims rescued
from the brothels of Pune and Mumbai. Although rescue
efforts provide an important means of escape for women
and minor girls in CS and a pathway to support services,
when implemented poorly without sufficient police training
and adequate insight about the commercial sex network,
it has become traumatising for women and minor girls.
34. It is reported that Law enforcement authorities, for
example, the police force themselves, have a limited
understanding of the prevalence of trafficking of women
and minor girls for CSE and tend to be uninformed about
their responsibilities under the ITPA towards trafficking.
This constitutes yet another challenge in the prevention
of trafficking of women and minor girls.
35. The clause u/s 18 ITPA, which allows for the closure
of brothels and the eviction of offenders, has been applied
sparingly. We have discovered a slew of brothels operating
beneath the radar of local cops in Delhi, Mumbai, Pune,
Nasik, Kolkata, and others.
33. The report has also talked about prosecution of offenders:
“1. Conviction rate in crimes against women and children
for the past three years has been low. The conviction rate
in cases of crimes like rape, cruelty by husband or his
relatives, violation of Protection of Women from Domestic
Violence Act, human trafficking, violation of Cyber Crimes/
Information Technology Act and Protection of Children from
Sexual offenses Act, have been amongst the lowest. It has
been informed by the State Government of Uttar Pradesh
that they are conducting prosecution drives to improve
the conviction rate in crimes against women and children.
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2. According to NCRB data, conviction rate under human
trafficking was recorded 42.4 per cent in 2017 which
declined to 31.9 per cent in 2018 and further reduced to 20
per cent in 2019. BIRD’s Primary Data indicates that 20.8%
prosecuted persons were convicted. The main reasons
for low conviction rate as per public prosecutors were
recorded witnessed turning hostile (44.8%), poor evidence
(20.7%), lengthy court procedure (13.8%), inappropriate
charge sheet (10.3%) and easy bail to traffickers (10.3%).
However, reasons for low conviction rate vary across the
selected states.
3. Material evidence, medical examination of victims,
suspects and documents and witness evidence are some
of the major techniques being used in investigation of
crimes related to trafficking. However, techniques of
investigation of crimes vary across the states. The State
Law Enforcement Agencies Reported that forensics plays
a critical role in the successful investigation, prosecution
and conviction.
4. NGOs have reported that police rarely make the
informant NGO witness of the recovery memo or charge
sheet, therefore most traffickers and brothel owners are
able to evade legal capture.
5. Most of the rescued victims (56%) have reported that
the statement of the complainant/ victims is changed or
ignored during the investigation, and it is not video-graphed
as required by law. Even it is videotaped, they are not sent
to the court with the charge sheet.
6. Inappropriate charge sheet, witness turn hostile, poor
evidences and lack of victim or witness protection are
some of the loopholes in law enforcement mechanism for
low-rate of prosecution.
7. Service Providers, NGOs, Parents, Programme
Administrators and Public Prosecutors have reported that
at different levels of government, a lack of comprehensive
responsibility for wrongdoing and corruption persisted,
contributing to widespread impunity.
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8. During FGDs with the Service Providers, NGOs, Parents,
Programme Administrators and Public Prosecutors it was
deliberated that the survivors/families are forced to become
hostile and refuse to testify in the trial court due to social
pressure, threats, intimidation, bribes, police collaboration,
protracted trials, cross-cases, and a lack of faith in the
criminal justice system, among other things.
9. About 1/4th Public Prosecuting Officers reported
that present laws are able to address the issues of
human trafficking adequately. It has been noted that
law enforcement officials do not take any action against
accused persons who provide falsified documents in order
to obtain bail. Protection of victims and wetness, adequate
rehabilitation facilities for victim, victim’s access to legal
aid, long term crime control policy and victim’s rights are
some of the ignored areas in existing laws.
10. Most of the Public Prosecuting Officers (79.3%)
admitted that existing laws permit them to use of specialized
evidence-gathering techniques in course. It was found
more pronouncing in Jharkhand, Karnataka, West Bengal,
Maharashtra, Assam and Uttar Pradesh. Witness turning
hostile, protection of victim and witness and victim pleading
guilty are some of the major difficulties being faced in
working with cases of human trafficking.
11. It has been noted that law enforcement officials do
not take any action against accused persons who provide
falsified documents in order to obtain bail.
12. Majority of the Public Prosecuting Officers (69.6%)
reported that less than 25% officers have received training
on the issues of human trafficking. Trainings were mainly
organized by department of justice, service providers and
independent trainers. About 79% respondents reported
that officers have received training on the issues of human
trafficking. It was found more pronouncing in Karnataka
followed by West Bengal, Uttar Pradesh and Jharkhand.
However, about half of the respondents in Tamil Nadu and
1/3rd respondents in Assam ad Maharashtra revealed that
officers have not received such training.
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13. Approximate only half of the Prosecuting Officers
has received Training on the issues of Trafficking &
prosecution of offenders and those who received the
training majority of the respondents (82.6%) revealed
that training on the issues of human trafficking has not
been effective.
14. There are major coordination gaps/lacks among NGOs
inside states, across states, and across borders, as well
as other stakeholders.”
34. On the subject of effective law enforcement and prosecution, the
report states thus:
“1. Law enforcement officials should treat cases of missing
children as abduction or trafficking until proven otherwise
as per Direction of The Supreme Court in 2013 and
search for these people in every possible location. When
children disappear, Law EAs should start the missing
person’s process, look into what happened, disseminate
information, and conduct investigations, collaborating with
other agencies as needed.
2. About 31 percent Parent respondents reported that
their children were working in hazardous industries-
metallurgical industries, coal, fertilizers, mining, chemical
& petrochemicals, cement and firecracker workshops. We
recommend that provisions of The Juvenile Justice (Care
and Protection) of Children Act, 2000: and The Child
Labour (Prohibition and Regulation) Act, 1986: should
be implemented in letter and sprits. Violators should be
punished. Regular check of hazardous industries/units
must be carried out by the Labour Inspectors.
3. The idea of community policing needs to be made more
widely known in order for people and non-governmental
organisations to get involved in policing to stop and
combat the trafficking of women and children.
4. Anti-Human Trafficking units (AHTUs) are currently
under-resourced as well as undertrained. There is an
urgent need for additional Capacity Building of AHTUs
and Providing them adequate funds and infrastructure
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because “the police lack the means to undertake a
thorough investigation if the person is trafficked from
another state.”
5. To address the issue and protect the rights of victims
and survivors, comprehensive legislation is required due
to the underreporting of human trafficking instances and
gaps in other laws. For law enforcement organisations,
there is a need for an extensive training and capacity-
building programme on the topic of human trafficking. It
should be made mandatory for AHTU or the Police to
report every case of human trafficking.
6. We advise the police to use the following strategies to
win the trust of victims: Assuring victims that they are not
the subject of an inquiry Victims deserve to be treated with
respect and decency. Employ a translator if the victims
speak different languages, ensuring that the victim’s
identity and privacy are protected by taking all necessary
precautions; Keep the accused far enough away from the
victims to be safe. Check to see if Section 228 A of the IPC
and Section 21 of the JJ Act are being followed; Inform
the victims of the investigation’s development; Keep in
mind that the victim takes all of their belongings with
them. Do not take offence if traumatised victims behave
inappropriately or refuse to interact. Avoid, among other
things, using derogatory language or making humiliating
gestures or body language. Police officers may be able
to overcome these challenges using their knowledge,
skilful communication abilities, and information because
it is also a question of counselling and persuasion.
7. According to public prosecutors, the primary causes
for the low conviction rate include witnesses becoming
hostile, inadequate evidence, a long court process, an
improper charge sheet, and easy bail for traffickers. The
problem of insufficient evidence and improper charge
sheet could be addressed by conducting thorough
investigations into human trafficking instances. Because
most witnesses and victims become hostile during
prosecution, more emphasis should be placed on
gathering Material Evidence, Medical Examination of
[2025] 5 S.C.R. 567

Pinki v. State of Uttar Pradesh and Anr.

Victims, Suspects, Digital Videography of Investigations
& Statements of Victims and Documents Supplemented
by Forensic Evidences for filling a charge sheet instead
of a statement under section 161 of the Cr.P.C., as this
will almost certainly increase the chances of offenders
being convicted.
8. A qualified and experienced investigative agency, such
as the National Investigation Agency (NIA), which has
been mandated to look into interstate and international
trafficking crimes, is urgently required for the proper
investigation of human trafficking cases. We support the
full capacity building of law enforcement and prosecuting
organisations, including providing them with state-of-
the-art methods and tools for obtaining information
and forensic evidence, as well as witness and victim
protection, which may lead to a more severe conviction.
9. Recruitment agencies, document forgers, brokers,
brothel owners, debt collectors, managers and owners
of employment agencies, corrupt immigration officials,
consular staff, embassy staff, law enforcement officers,
border guards who accept bribes in exchange for
passports, visas, and safe transit, and all others who are
involved by their acts of omission and commission that
result in exploitation should be dealt harshly under law.
10. In order to safeguard some victims of human
trafficking, prosecutors should set up child-friendly courts,
as is done in Telangana and West Bengal. Most of the
time, courts should employ video conferencing to hear
testimony from victims who have been reintegrated or
repatriated. Since it is essential for convicting traffickers
and criminals, victim and witness protection should be
carefully considered. Because of poor witness protection
and the drawn-out legal process, many victims were
reluctant to take part in trials against their traffickers. As
a result, it should be ensured that cases are routinely
reviewed by superior authorities.
11. To combat human trafficking, all states and territories
should establish an Anti-Human Trafficking Bureau at
568 [2025] 5 S.C.R.

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the state capital level, as well as independent, non-
designated Anti- Human Trafficking Units (AHTUs) at
every district level, and use of Women Help Desks to
monitor investigations at every police station by a Senior
Officer at State Level. Dedicated AHTUs are urgently
needed because some AHTUs lacked defined mandates,
were not completely focused on human trafficking, and
often received requests for assistance months later,
limiting the effectiveness of investigations. In a few
cases, police allegedly freed alleged sex traffickers on
bond right away, allowing them to focus on other crimes.
Trafficking investigations are lengthy and complex, and
we believe that having full-time resources devoted to
these investigations are essential for success. These
officials also underscore the need to provide and use
undercover assets and to establish and nurture informants
and witnesses.
12. Ministry of Home Affairs should collaborate with the
Ministry of Railways. The Railway Board should be asked
to enlist the help of the Railway Protection Force (RPF)
and the Government Railway Police (GRP) to combat
human trafficking at railway stations. They should instruct
GRP and RPF officials to remain watchful and alert when
dealing with such instances and mandatorily report each
and every case of Human trafficking.
13. Brothels ought to be shut down right away. A thorough
action plan needs to be created for this project. Prostitutes
and commercial sex workers need to be rehabilitated
into other fields in order to improve their livelihoods.
The relationship between police and owners of brothels
makes things worse. This nexus has to be broken up as
soon as feasible.
14. It is advised that rescue teams strictly follow
rescue protocols and include a representative from the
Department of Labor, representatives from the CWCs, a
local non-profit, a doctor, and a female police officer or
volunteer. Almost every stakeholder reported that police
do not follow standard rescue protocol.
[2025] 5 S.C.R. 569

Pinki v. State of Uttar Pradesh and Anr.

15. Enforcing the law in relation to applicable Acts like
CLPRA, BLSA, IPTA, JJA, and IPC involves not only
police but also many other authorities involved in the
Criminal Justice System, such as executive magistrates,
labour officials, CWC members, and in-charges of Homes.
In order to strengthen the state’s investigation and
prosecution apparatus in this area, the State government
should create a time-bound action plan.
16. The development of all stakeholders’ capacities and a
regular programme of gender sensitization are absolutely
necessary.
17. A First Information Report should be filed in every
instance of child labour, the case should be thoroughly
investigated, and the offenders should be punished. As
a result, there is an urgent need to train and sensitise
labour department workers on the aforementioned issue.
18. The lack of an interpreter who is fluent in the relevant
local languages makes it difficult to care for children
who have been trafficked from different states. As a
result, professional interpreters are required in such
situations. At the district level, a database of competent
language interpreters should be kept and shared with law
enforcement agencies, service providers, and the courts.
19. CWCs must be established in each district as soon as
possible, according to available guidelines, and multiple
appointment practices should be strictly prohibited to
eliminate potential conflicts of interest. CWCs should
include those who work in the fields of law, medicine,
and psychology.
20. It is found that almost all CWCs are working in
inadequate sittings, some of which are seriously
inadequate. To deal with this, three different sorts of
sitting venue styles are utilised by several CWCs across
the nation. There are further unique sittings available,
including rotating and parallel sittings. Each, however,
offers a unique set of benefits and drawbacks. A mixed
sitting configuration of CWC is advised as needed.
570 [2025] 5 S.C.R.

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21. The Act and the Rules do not currently provide
any procedures for case management during hearings.
While some CWCs successfully handle proceedings and
financial flow, others seem to be struggling and using
ineffective/inappropriate approaches. The necessary
authorities must create a flawless attendance system,
such as Aadhar Enabled Biometric Attendance, to prevent
prolonged absenteeism from CWC meetings because it
interferes with the evaluation of children’s rights.
22. Strong action against human traffickers should be
taken, including criminal penalties and the freezing of
their bank accounts. The unlawful assets amassed by
traffickers and other parties as a result of exploiting
trafficked victims should be seized and forfeited.
Human trafficking, particularly of minors, is a kind of
modern-day slavery that necessitates a holistic, multi-
sectoral strategy to address the problem’s complicated
dimensions. Law cannot be the exclusive device for
dealing with challenging social and economic issues.
Given the infancy of services to trafficked people,
monitoring and evaluation studies should be a part of any
assistance programme, both governmental and private.
Anti-trafficking legislation must be enforced properly,
which necessitates educating individuals about the laws
in place so that these rights are respected and upheld in
practice. There are provisions for victim confidentiality,
in camera trial (Section 327 CrPC), and compensation
(Section 357 CrPC) in the existing laws. These provisions
should be applied in relevant circumstances to protect
victims’ rights. In dealing with instances, the National
Human Rights Commission has a larger role to play,
and it must make recommendations and adopt remedial
actions.”

C. ROLE OF EACH OF THE ACCUSED PERSONS
35. We shall now give a fair idea as regards the role of each of the
accused persons and other details as to how they came to be
released on bail by the High Court. The details of the accused
persons are as follows: -
[2025] 5 S.C.R. 571

Pinki v. State of Uttar Pradesh and Anr.

S. PARTICULARS
NO.
1. Item No. 12
SLP (Crl.) D-No. 50420/2024: 230-days delay in filing
Accused: Santosh Sao
Role of Accused: Santosh Sao is a resident of Jharkhand who
was involved in the illegal purchase of a kidnapped minor boy-
child named Sunny Nishad, who is a victim in connected case
bearing FIR No. 76/2023 registered in P.S. Daraganj, Prayagraj,
U.P. He bought theboy-child from co-accused Jagveer Baranwal
and Anuradha Devi for Rs. 4 Lakhs. During Police investigation,
the boy-child was found in his possession.
FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi;
FIR No. 201/2023, P.S Cantt, Varanasi and FIR No. 76/2023,
P.S Daraganj, Prayagraj.

Consideration by High Court while granting Bail:
• He has not been named in the FIR. Name was disclosed by
co-accused Anuradha Devi in police custody.
• Victim Recovered from co-accused Nandlal Ram.
• Similarly situated co-accused in terms of role; Gudiya Devi
has been granted bail.
• He has been in custody for 6-months.

Conditions of Bail granted by High Court:
• Appear on the date fixed by the trial court;
• Not tamper with the prosecution evidence; and,
• Not pressurize the prosecution witnesses.
2. Item No. 12.1
SLP (Crl.) No. 592 of 2025: No delay in filing
Accused: Sanjay Modanwal
Role of Accused: Sanjay Modanwal, along with his wife, Shikha
Devi @ Shikha Modanwal (co-accused), played a key role in
acquiring trafficked children. After kidnapping these children,
they would circulate their photos among the other members of
their trafficking racket. Once they identified a potential customer,
they would sell the trafficked child to a middleman within the
gang, facilitating the further sale of the victim.
572 [2025] 5 S.C.R.

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FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi
and FIR No. 74/2023, P.S Vindhyachal, Mirzapur.

Consideration by High Court while granting Bail:
• He has not been named in the FIR. Name was disclosed by
co-accused Manish Jain in police custody.
• Victim Recovered was not recovered from his possession.
• Similarly situated co-accused in terms of role; Santosh Gupta
@ Santosh Modanwal has been granted bail.
• No criminal antecedents
• He has been in custody for 1-year 2-months.

Conditions of Bail granted by High Court:
• Appear on each and every date fixed by the trial court;
• Not tamper with the prosecution evidence; and,
• Not pressurize the prosecution witnesses.
3 Item No. 12.2 and 12.17
SLP (Crl.) 590 of 2025 and SLP (Crl.) D-No. 50517/ 2024: Nil
and 12-days delay in filing.
Accused: Shivam Gupta @ Praveen Modanwal
Role of Accused: Shivam Gupta is also a resident of Varanasi,
who along with his accomplices, trafficked minor children. He,
along with his father, Santosh Gupta and others, kidnapped
multiple children from various locations, including Chowka
Gate, Allahabad, and Mirzapur, between March and April
2023. After the kidnappings, he helped transport the children
to Shikha Devi, who facilitated their sale. He participated in
the kidnapping of the minor children, most of whom were sold
to buyers in Jharkhand, often for sums between Rs. 40,000
and Rs. 1,50,000.
FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi;
FIR No. 201/2023, P.S Cantt, Varanasi; FIR No. 50/2023, P.S.
Chetganj, Varanasi; FIR No. 74/2023, P.S Vindhyachal, Mirzapur
and FIR No. 76/2023, P.S Daraganj, Prayagraj.
[2025] 5 S.C.R. 573

Pinki v. State of Uttar Pradesh and Anr.

Consideration by High Court while granting Bail
In FIR No. 193/2023: -
• He has not been named in the FIR. Name was disclosed by
co-accused in police custody.
• Co-accused Manish Jain has been granted bail.
• He has been in custody for 1-year 2-months.

In FIR No. 193/2023: -
“Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, nature of
evidence and all attending facts and circumstances of the case,
without expressing any opinion on merits of the case [...]”

Conditions of Bail granted by High Court
In FIR No. 193/2023: -
• Not tamper with the prosecution evidence;
• Not pressurize the prosecution witnesses; and,
• Appear on each and every date fixed by the trial court;

In FIR No. 50/2023: -
• Not tamper with the prosecution evidence;
• Not influence any witness,
• Appear before the trial court on the date fixed unless personal
presence is exempted; and,
• Not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court
to any police officer or tamper with the evidence.
4. Item No. 12.3 and 12.10
SLP (Crl.) D-No.49397/2024 and SLP (Crl.) D-No. 50423/
2024: 160-days and 169-days delay in filing
Accused: Jagveer Baranwal
Role of Accused: Jagveer Baranwal is a resident of Jharkhand.
He was actively involved in purchasing kidnapped children from
his accomplices at low prices and reselling them for significantly
higher amounts. Jagveer, who worked as a nurse alongside
Anuradha Devi, leveraged his position to facilitate these illegal
574 [2025] 5 S.C.R.

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transactions. The police even recovered a trafficked child directly
from his possession as he and his accomplices were preparing
to sell the child in another connected case of child trafficking.
FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi;
FIR No. 201/2023, P.S Cantt, Varanasi; FIR No. 74/2023, P.S
Vindhyachal, Mirzapur and FIR No. 76/2023, P.S Daraganj,
Prayagraj.

Consideration by High Court while granting Bail:
In FIR No. 193/2023: -
• He has not been named in the FIR. Name was disclosed by
co-accused Anuradha Devi in police custody.
• Similarly situated co-accused in terms of role; co-accused
Manish Jain has been granted bail.
• He has been in custody for 8-months.

In FIR No. 201/2023: -
• No material on record with regard to tampering of evidence
or intimidation of witness.
• Pendency of several criminal cases against the accused
itself no basis for refusal of bail.
• No evidence with regard to criminal antecedents.
• Bail is a rule, jail is an exception

Conditions of Bail granted by High Court:
In FIR No. 193/2023: -
• Not tamper with the prosecution evidence;
• Not pressurize the prosecution witnesses; and,
• Appear on each and every date fixed by the trial court;

In FIR No. 201/2023: -
• Not tamper with the evidence during trial;
• Not pressurize / intimidate the prosecution witnesses;
• Appear on each and every date fixed by the trial court, unless
personal presence is exempted;
[2025] 5 S.C.R. 575

Pinki v. State of Uttar Pradesh and Anr.

• Shall make himself available for interrogation by a police
officer as and when required
• Not commit an offence similar to the offence of which he
is accused, or suspected, of the commission of which he
is suspected;
• Not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court
or to any police officer or tamper with the evidence;
• Not leave India without the previous permission of the Court;
and,
• In the event, he changes residential address, he shall inform
the court concerned about new residential address in writing.
5. Item No. 12.5
SLP (Crl.) D-No. 49600/2024: 202-days delay in filing.
Accused: Yashoda Devi Pandit
Role of Accused: Yashoda Devi Pandit, along with her husband
Mukesh Pandit, purchased the Petitioner, Sanjay’s minor son,
Rohit for Rs. 2,60,000 from co-accused Jagveer Baranwal,
Anuradha, and Shikha Devi. The police raided her home in
Hazaribagh, Jharkhand, and recovered the child, whom she
had named Anup Pandit.
FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi
and FIR No. 74/2023, P.S Vindhyachal, Mirzapur.

Consideration by High Court while granting Bail:
“Considering the facts and circumstances of the case, perusing
the record and also considering the nature of allegations,
arguments advanced by the learned counsel for the parties and
keeping in mind that co accused has already been released on
bail by this Court and without expressing any opinion on the
merit of the case [...]”

Conditions of Bail granted by High Court
• File an undertaking to the effect that applicant shall not seek
any adjournment on the dates fixed for evidence when the
witnesses are present in court. In case of default of this
condition, it shall be open for the trial court to treat it as abuse
of liberty of bail and pass orders in accordance with law;
576 [2025] 5 S.C.R.

Supreme Court Reports

• Remain present before the trial court on each date fixed,
either personally or through his/her counsel. In case of his
absence, without sufficient cause, the trial court may proceed
against applicant under Section 229-A of the IPC;
• In case, the applicant misuses the liberty of bail during trial
and in order to secure presence of the applicant, proclamation
under Section 82 Cr.P.C. is issued and the applicant fail to
appear before the court on the date fixed in such proclamation,
then, the trial court shall initiate proceedings against the
applicant, in accordance with law, under Section 174 A of
the IPC; and,
• Remain present, in person, before the trial court on the
dates fixed for (i) opening of the case, (ii) framing of charge
and (iii) recording of statement under Section 313 Cr.P.C. If
in the opinion of the trial court absence of the applicant is
deliberate or without sufficient cause, then it shall be open
for the trial court to treat such default as abuse of liberty
of bail and proceed against the applicant in accordance
with law.
6. Item No. 12.5
SLP (Crl.) D-No. 496639/2024: 161-days delay in filing.
Accused: Mukesh Pandit
Role of the Accused: Mukesh Pandit, along with his wife
Yashoda Devi, purchased the Petitioner Sanjay’s minor son,
Rohit for Rs. 2,60,000 from co accused Jagveer Baranwal,
Anuradha, and Shikha Devi. He was involved in negotiating
and finalizing the deal for the trafficked child. The police
later recovered the child from their home in Hazaribagh,
Jharkhand.
FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi
and FIR No. 74/2023, P.S Vindhyachal, Mirzapur.

Consideration by High Court while granting Bail:
“Considering the facts and circumstances of the case, perusing
the record and also considering the nature of allegations,
arguments advanced by the learned counsel for the parties and
keeping in mind that co accused has already been released on
bail by this Court and without expressing any opinion on the
merit of the case [...]”
[2025] 5 S.C.R. 577

Pinki v. State of Uttar Pradesh and Anr.

Conditions of Bail granted by High Court:
• File an undertaking to the effect that applicant shall not seek
any adjournment on the dates fixed for evidence when the
witnesses are present in court. In case of default of this
condition, it shall be open for the trial court to treat it as abuse
of liberty of bail and pass orders in accordance with law;
• Remain present before the trial court on each date fixed,
either personally or through his/her counsel. In case of his
absence, without sufficient cause, the trial court may proceed
against applicant under Section 229-A of the IPC;
• In case, the applicant misuses the liberty of bail during trial
and in order to secure presence of the applicant, proclamation
under Section 82 Cr.P.C. is issued and the applicant fail to
appear before the court on the date fixed in such proclamation,
then, the trial court shall initiate proceedings against the
applicant, in accordance with law, under Section 174 A of
the IPC; and,
• Remain present, in person, before the trial court on the
dates fixed for (i) opening of the case, (ii) framing of charge
and (iii) recording of statement under Section 313 Cr.P.C. If
in the opinion of the trial court absence of the applicant is
deliberate or without sufficient cause, then it shall be open
for the trial court to treat such default as abuse of liberty
of bail and proceed against the applicant in accordance
with law.
7. Item No. 12.7, 12.14 and 12.16
SLP (Crl.) D-No. 49643/2024; SLP (Crl.) D-No. 50455/2024
and SLP (Crl.) D-No. 50516/2024: 67-days, 85-days & 38-days
delay in filing respectively.
Accused: Santosh Gupta @ Santosh Modanwal
Role of the Accused: Santosh Gupta is a resident of Varanasi,
Uttar Pradesh. Along with his co-accused, Vinay Mishra and
Shivam Gupta (his son), Santosh Gupta was responsible for
trafficking vulnerable children from different regions, particularly
from Allahabad. After trafficking the children, they were kept
in the custody of Shikha Devi and Sanjay Modanwal, before
being sold to customers. He played a key role in acquiring the
kidnapped children at low prices and selling them at higher
prices with the help of accomplices like Manish Jain and Shikha.
578 [2025] 5 S.C.R.

Supreme Court Reports

FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi;
FIR No. 201/2023, P.S Cantt, Varanasi; FIR No. 50/2023, P.S.
Chetganj, Varanasi; FIR No. 74/2023, P.S Vindhyachal, Mirzapur
and FIR No. 76/2023, P.S Daraganj, Prayagraj.

Consideration by High Court while granting Bail:
In FIR No. 193/2023: -
“Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the
evidence on record, pending trial and considering the complicity
of accused, severity of punishment, at this stage, without
expressing any opinion on the merits of the case [...]”

In FIR No. 201/2023: -
• He has not been named in the FIR. Name was disclosed by
co-accused Jagveer Baranwal in police custody.
• Victim was not recovered from his possession.
• Out of four cases of criminal history, one bail order has been
appended.
• Similarly situated co-accused in terms of role; Nandlal Ram
has been granted bail.

In FIR No. 50/2023: -
“Considering the facts and circumstances of the case and
submissions made by learned counsel for the applicant and
learned A.G.A., without expressing any opinion on the merits
of the case [...]”

Conditions of Bail granted by High Court
• Not tamper with the prosecution evidence; and,
• Remain present, in person, before the trial court on the
dates fixed for (i) opening of the case, (ii) framing of charge
and (iii) recording of statement under Section 313 Cr.P.C. If
in the opinion of the trial court absence of the applicant is
deliberate or without sufficient cause, then it shall be open
for the trial court to treat such default as abuse of liberty
of bail and proceed against the applicant in accordance
with law.
[2025] 5 S.C.R. 579

Pinki v. State of Uttar Pradesh and Anr.

In FIR No. 201/2023: -
• Attend and co-operate the trial proceedings pending before
the court concerned on the dates fixed after release.
• Not tamper with the witnesses;
• Not indulge in any illegal activities during the bail period.

In FIR No. 50/2023: -
• Not tamper with the evidence during the trial;
• Not influence any witness;
• Appear before the trial court on the date fixed, unless personal
presence is exempted; and,
• Not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court
to any police officer or tamper with the evidence.
8. Item No. 12.8
SLP (Crl.) D-No. 50418/2024: 236-days delay in filing.
Accused: Gudiya Devi
Role of the Accused: Gudiya Devi is a resident of Jharkhand
who played a significant role in trafficking minor children. Her
primary responsibility is identifying potential customers for the
trafficked children and receiving a commission for aiding the
trafficking process. She was frequently involved in multiple
transactions, including selling children brought by accused
persons namely, Shikha Devi, Vinay Mishra, Jagveer Baranwal,
Anuradha Devi, Santosh Gupta, Shivam Gupta. Gudiya helped
in selling the trafficked children for amounts ranging from Rs.
40,000 to Rs. 3,50,000 and more.
FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi
and FIR No. 201/2023, P.S Cantt, Varanasi.

Consideration by High Court while granting Bail:
• No material evidence regarding tampering of evidence or
intimidating of witness in previous criminal cases
• Pendency of several criminal cases against an accused may
itself cannot be a basis for refusal of bail
• No evidence with regard to criminal antecedents
• Bail is a rule, jail is an exception
580 [2025] 5 S.C.R.

Supreme Court Reports

Conditions of Bail granted by High Court:
• Not tamper with the evidence during the trial;
• Not pressurize/intimidate the prosecution witness;
• Appear before the trial court on the date fixed, unless
personal presence is exempted and/or the applicant shall
make herself available for interrogation by a police officer
as and when required;
• Not commit an offence similar to the offence of which she
is accused, or suspected, of the commission of which she
is suspected;
• Not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case
so as to dissuade her from disclosing such facts to the Court
or to any police officer or tamper with the evidence;
• Not leave India without the previous permission of the Court;
and,
• In the event, the applicant changes residential address,
the applicant shall inform the court concerned about new
residential address in writing.
9. Item No. 12.9
SLP (Crl.) D-No. 50422/2024: 182-days delay in filing.
Accused: Anuradha Devi
Role of the Accused: Anuradha Devi, a nurse at a primary
health centre in Hazaribagh, Jharkhand, is the kingpin of
the organized inter-state child trafficking racket. Using her
unrestricted access to vulnerable children, she orchestrated
the kidnapping and trafficking of minor children. With the help
of her associates namely, Jagveer Baranwal, Manish Jain,
Gudiya Devi, Shikha Devi, Vinay Mishra, Shivam Gupta and
others, she bought trafficked children at prices as low as Rs.
20,000 and sold them at significantly higher rates, amounting
to Rs. 3,50,000. Her operation is extensive, involving numerous
transactions where children were trafficked from various regions.
Anuradha’s heinous role in exploiting and selling minor children
is supported by the statements of several co-accused.
FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi;
FIR No. 201/2023, P.S Cantt, Varanasi; FIR No. 74/2023, P.S
Vindhyachal, Mirzapur and FIR No. 76/2023, P.S Daraganj,
Prayagraj.
[2025] 5 S.C.R. 581

Pinki v. State of Uttar Pradesh and Anr.

Consideration by High Court while granting Bail:
“Considering the facts and circumstances of the case and
submissions made by learned counsel for the applicant and
learned A.G.A., without expressing any opinion on the merits
of the case [...]”

Conditions of Bail granted by High Court:
• File an undertaking to the effect that applicant shall not seek
any adjournment on the dates fixed for evidence when the
witnesses are present in court. In case of default of this
condition, it shall be open for the trial court to treat it as abuse
of liberty of bail and pass orders in accordance with law;
• Remain present before the trial court on each date fixed,
either personally or through his/her counsel. In case of his
absence, without sufficient cause, the trial court may proceed
against applicant under Section 229-A of the IPC;
• In case, the applicant misuses the liberty of bail during trial and
in order to secure presence of the applicant, proclamation under
Section 82 Cr.P.C. is issued and the applicant fail to appear
before the court on the date fixed in such proclamation, then,
the trial court shall initiate proceedings against the applicant,
in accordance with law, under Section 174 A of the IPC; and,
• Remain present, in person, before the trial court on the
dates fixed for (i) opening of the case, (ii) framing of charge
and (iii) recording of statement under Section 313 Cr.P.C. If
in the opinion of the trial court absence of the applicant is
deliberate or without sufficient cause, then it shall be open for
the trial court to treat such default as abuse of liberty of bail
and proceed against the applicant in accordance with law.
10. Item No. 12.11 and 12.15
SLP (Crl.) D-No. 50430/2024 and SLP (Crl.) D-No. 50515/
2024: 154-days and 64-days delay in filing respectively.
Role of the Accused: Manish Jain, a resident of Rajasthan, is
a key player in the organized inter-state child trafficking racket.
He actively managed the illegal operations, coordinating the
sale and purchase of trafficked children across regions. He
frequently worked with co-accused like Vinay Mishra and Shikha
Devi, trafficking minors and selling them at higher prices. In
March and April 2023, he sold multiple trafficked children for
582 [2025] 5 S.C.R.

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amounts ranging from Rs. 40,000 to Rs. 2,60,000. He was
arrested by the police in Varanasi while attempting to sell a 4
year-old boy-child named Rohit, a trafficked victim child in FIR
No. 193/2023 (P.S. Bhelupur).
FIR Registered: FIR No. 193/2023, P.S Bhelupur, Varanasi;
FIR No. 201/2023, P.S Cantt, Varanasi and FIR No. 50/2023,
P.S. Chetganj, Varanasi.

Consideration by High Court while granting Bail:
In FIR No. 193/2023: -
“Considering the facts and circumstances of the case and
submissions made by learned counsel for the applicant and
learned A.G.A., without expressing any opinion on the merits
of the case [...]”

In FIR No. 50/2023: -
• No material on record with regard to tampering of evidence
or intimidation of witness.
• Pendency of several criminal cases against the accused
itself no basis for refusal of bail.
• No evidence with regard to criminal antecedents.
• Bail is a rule, jail is an exception

Conditions of Bail granted by High Court
In FIR No. 193/2023: -
• File an undertaking to the effect that applicant shall not seek
any adjournment on the dates fixed for evidence when the
witnesses are present in court. In case of default of this
condition, it shall be open for the trial court to treat it as abuse
of liberty of bail and pass orders in accordance with law;
• Remain present before the trial court on each date fixed,
either personally or through his/her counsel. In case of his
absence, without sufficient cause, the trial court may proceed
against applicant under Section 229-A of the IPC;
• In case, the applicant misuses the liberty of bail during trial and
in order to secure presence of the applicant, proclamation under
Section 82 Cr.P.C. is issued and the applicant fail to appear
before the court on the date fixed in such proclamation, then,
the trial court shall initiate proceedings against the applicant,
in accordance with law, under Section 174 A of the IPC; and,
[2025] 5 S.C.R. 583

Pinki v. State of Uttar Pradesh and Anr.

• Remain present, in person, before the trial court on the
dates fixed for (i) opening of the case, (ii) framing of charge
and (iii) recording of statement under Section 313 Cr.P.C. If
in the opinion of the trial court absence of the applicant is
deliberate or without sufficient cause, then it shall be open for
the trial court to treat such default as abuse of liberty of bail
and proceed against the applicant in accordance with law.

In FIR No. 50/2023: -
• Not tamper with the prosecution evidence; and,
• Remain present, in person, before the trial court on the
dates fixed for (i) opening of the case, (ii) framing of charge
and (iii) recording of statement under Section 313 Cr.P.C. If
in the opinion of the trial court absence of the applicant is
deliberate or without sufficient cause, then it shall be open for
the trial court to treat such default as abuse of liberty of bail
and proceed against the applicant in accordance with law.
11. Item No. 12.12
SLP (Crl.) D-No. 50435/2024: 138-days delay in filing.
Role of the Accused: Nandlal Ram is a resident of Kolkata,
West Bengal who purchased the trafficked one-year-old son of
the Petitioner, Ms. Pinki in FIR No. 201/2023. He purchased
the victim boy child from his co-accused, Anuradha Devi for Rs.
3,50,000 lakhs. During the course of the police investigation, the
authorities tracked the boy to Nandlal’s possession in Kolkata,
where the child was eventually recovered.
FIR Registered: FIR No. 201/2023, P.S Cantt, Varanasi

Consideration by High Court while granting Bail:
• No evidence regarding the accused absconding, or probability
of repeating the same offences, or intimidating the witnesses.
• No evidence regarding criminal antecedents.

Conditions of Bail granted by High Court:
• Not tamper with the evidence during the trial;
• Not pressurize/intimidate the prosecution witness;
• Appear before the trial court on the date fixed, unless
personal presence is exempted and/or the applicant shall
make herself available for interrogation by a police officer
as and when required;
584 [2025] 5 S.C.R.

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• Not commit an offence similar to the offence of which she
is accused, or suspected, of the commission of which she
is suspected;
• Not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case
so as to dissuade her from disclosing such facts to the Court
or to any police officer or tamper with the evidence;
• Not leave India without the previous permission of the Court;
and,
• In the event, the applicant changes residential address,
the applicant shall inform the court concerned about new
residential address in writing.
12. Item No. 12.13
SLP (Crl.) D-No. 50453/2024: 96-days Delay in filing
Accused: Kuldeep Paswan @ Kuldeep Ram
Role of the Accused: Kuldeep Paswan is a resident of
Jharkhand who played a significant role in the trafficking of minor
children, working closely with accomplices namely Gudiya Devi,
Jagveer Baranwal, and Anuradha Devi. He was involved in the
buying and selling of trafficked children, often purchasing them
at low prices and reselling them at significantly higher amounts.
Kuldeep, along with his co accused, sold a trafficked child for
Rs. 3,50,000, who was brought to them by accused Shikha
Devi and Vinay Mishra. His involvement in these transactions
highlights his active participation in the organized trafficking
of minors, further facilitated by Gudiya Devi, who identified
potential customers.
FIR Registered: FIR No. 201/2023, P.S Cantt, Varanasi

Consideration by High Court while granting Bail:
• Name was disclosed by co-accused Anuradha Devi in police
custody.
• Victim Recovered from co-accused Nandlal Ram who has
been enlarged on bail.
• Similarly situated co-accused in terms of role; Gudiya Devi
has also been granted bail.
• He has been in custody for 8-months.
[2025] 5 S.C.R. 585

Pinki v. State of Uttar Pradesh and Anr.

36. We have been provided with information as regards the current
status of the accused persons:

CURRENT STATUS OF ACCUSED PERSONS
S. Name FIR No. 201/2023 FIR No. 193/2023 FIR No.
No. of the P.S. Cantt., P.S. Bhelupur, 50/2023
accused Varanasi Varanasi P.S.
Chetganj,
Varanasi
1. On Bail On Bail

Santosh Vide order dt. Vide order dt. N.A.
Sao 13.12.2023 in Crl. 09.11.2023 in Crl.
Misc. Bail Appl. Misc. Bail Appl.
No. 47159/2023. No. 42631/2023.
2. On Bail On Bail

Jagveer Vide order dt. Vide order dated N.A.
Baranwal 15.02.2024 in Crl. 12.02.2024 in Crl.
Misc. Bail Appl. Misc. Bail Appl.
No. 50911/2023. No. 54874/2023.
3. Santosh On Bail On Bail On Bail
Gupta @
Vide order dt. Vide order dt. Vide order dt.
Santosh
06.05.2024 in Crl. 20.05.2024 in Crl. 19.06.2024
Modanwal
Misc. Bail Appl. Misc. Bail Appl. in Crl. Misc.
No. 16387/2024. No. 19579/2024. Bail Appl. No.
18846/2024.
4. On Bail Re-arrested on
20.02.2025
Gudiya Vide order dt. N.A.
Devi 07.12.2023 in Crl. NBW issued
Misc. Bail Appl. vide order dt.
No. 46240/2023. 17.02.2025 by
CJM in Crl. Case
No. 93745/2023.

Bail order set
aside by this
Court in SLP (Crl.)
No. 1042/2024
vide order dated
24.09.2024.
586 [2025] 5 S.C.R.

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5. On Bail Re-arrested on
20.02.2025
Anuradha Vide order dt. N.A.
Devi 30.01.2024 in Crl. NBW issued
Misc. Bail Appl. vide order dt.
No. 50428/2023. 17.02.2025 by
CJM in Crl. Case
No. 93745/2023.
Bail order set
aside by this
Court in SLP (Crl.)
No. 1046/2024
vide order dated
24.09.2024.
6. On Bail On Bail On Bail
Manish Vide order dt. Vide order dt. Vide order dt.
Jain 27.02.2024 in Crl. 21.11.2023 in Crl. 27.05.2024
Misc. Bail Appl. Misc. Bail Appl. in Crl. Misc.
No. 291/2024. No. 47898/2023. Bail Appl. No.
17559/2024.
7. On Bail
Nandlal Vide order dt. N.A. N.A.
Ram 14.03.2024 in Crl.
Misc. Bail Appl.
No. 42319/2023.
8. Kuldeep On Bail
Paswan @
Vide order dt. N.A. N.A.
Kuldeep
25.04.2024 in Crl.
Ram
Misc. Bail Appl.
No. 51046/2023.
9. Sanjay On Bail
Modanwal
N.A. Vide order dt. N.A.
12.08.2024 in Crl.
Misc. Bail Appl.
No. 18231/2024.
10. Shivam On Bail Order granting On Bail
Gupta @ bail has not been
Vide order dt. Vide order dt.
Praveen challenged.
26.07.2024 in Crl. 18.07.2024
Modanwal
Misc. Bail Appl. in Crl. Misc.
No. 25766/2024. Bail Appl. No.
26287/2024.
[2025] 5 S.C.R. 587

Pinki v. State of Uttar Pradesh and Anr.

11. On Bail
Mahesh N.A. Vide order dt. N.A.
Rana 07.02.2024 in Crl.
Misc. Bail Appl.
No. 51016/2023.
12. On Bail
Yashoda N.A. Vide order dt. N.A.
Devi 04.01.2024 in Crl.
Pandit Misc. Bail Appl.
No. 53108/2023
13. On Bail
Mukesh N.A. Vide order dt. N.A.
Pandit 16.02.2024 in Crl.
Misc. Bail Appl.
No. 53348/2023
14. Order granting bail
set aside by this
Sunita N.A. N.A.
Court in SLP (Crl.)
Devi
No. 1041/2024
vide order dt.
24.09.2024.
15. N.A. Order granting bail N.A.
set aside by this
Mahesh
Court in SLP (Crl.)
Rana
No. 1044/2024
vide order dt.
24.09.2024.
16. Re-arrested on N.A.
03.03.2025
Sangeeta Order granting
Devi Bail has not been NBW issued
challenged. vide order dt.
17.02.2025 by
CJM in Crl. Case
No. 93745/2023.
Bail order set
aside by this
Court in SLP (Crl.)
No. 1045/2024
vide order dated
24.09.2024.
588 [2025] 5 S.C.R.

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D. ORDER PASSED BY COORDINATE BENCH IN CRIMINAL
APPEAL NO. 3997 OF 2024 AND ALLIED APPEALS
CANCELLING THE BAIL GRANTED TO SOME OF THE
ACCUSED PERSONS.
37. The order reads thus: -
“ORDER
1. Leave granted.
2. Heard Ms. Aparna Bhat, learned senior counsel
appearing for the appellant (informant). Also heard
Mr. Garvesh Kabra, learned counsel appearing for the
respondent – State of Uttar Pradesh.
3. The office report dated 23.09.2024 indicates that service
is complete on the accused (respondent No. 2) in all the
cases but none has entered their appearance.
4. These matters arise out of the common FIR No. 193
of 2023 registered under Section 363 of the IPC relating
to the appellant’s 4 year old son, who went missing at
night. The Police after some investigation noticed that it
was a child trafficking case and accordingly added Section
370 (5) of the IPC. Subsequently, chargesheet against 14
accused was filed under Sections 363, 311 and 370(5) of
the IPC. The unofficial respondents herein are named as
accused in the chargesheet.
5. While challenging the bail orders passed on 04.10.2023,
08.11.2023, 09.11.2023, 12.12.2023 and 15.12.2023, Ms.
Aparna Bhat, learned senior counsel submits that these
are organised child trafficking cases and the bail for the
accused was unmerited.
6. In the counter affidavit filed by the State, it is pointed
out that these cases pertain to child trafficking racket
involving kidnapping and selling of minor children. The
activities of the accused spread across the States of Uttar
Pradesh, Jharkhand and Rajasthan. The affidavit also
indicates the nature of evidence that has been collected
by the Police and it is averred that those will show the
complicity of accused.
[2025] 5 S.C.R. 589

Pinki v. State of Uttar Pradesh and Anr.

7. The punishment envisaged in the event of conviction
for the charged sections is minimum 14 years which can
extend upto life imprisonment. Notwithstanding the serious
nature of the crime as also the likely involvement of the
accused in the child trafficking racket, we notice from the
impugned order(s) that the High Court without considering
the relevant parameters in cases of this nature, granted
bail to the accused.
8. The concerned accused despite service have failed to
appear in Court to defend the bail order.
9. We are therefore of the considered opinion that the
bail order(s) requires our interference. Accordingly, the
impugned orders of the High Court dated 04.10.2023,
08.11.2023, 09.11.2023, 12.12.2023 and 15.12.2023
granting bail to the accused Gudiya Devi, Mahesh
Rana, Santosh Saw, Sangeeta Devi, Anuradha Devi &
Sunita Devi are set aside and quashed. The appeals are
allowed. As the bail is being cancelled, all the accused
must immediately surrender. If they do not do so, the
Police must take steps to arrest the accused. It is ordered
accordingly.
10. Pending application(s), if any, shall stand disposed of.
(Emphasis supplied)

E. GRANT OF BAIL BY THE HIGH COURT
38. We take notice of the fact that practically in all the cases the High Court
while releasing the accused persons on bail took into consideration
the following aspects: -
i) The accused has not been named in the FIR;
ii) The name of the accused has been disclosed by a co-accused;
iii) Victim has not been recovered from the custody of the accused;
iv) Similarly situated co-accused has been granted bail;
v) No material evidence regarding tampering of evidence or
intimidating of witness in previous criminal cases;
vi) Bail is a rule, jail is an exception.
590 [2025] 5 S.C.R.

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F. SUBMISSIONS OF THE PARTIES

i. Submissions on behalf of the Appellants.
39. Ms. Aparna Bhat, the learned counsel appearing for the victims/
appellants vehemently submitted that the High Court committed a
serious error in releasing the accused persons on bail by completely
undermining the serious nature of the crime alleged. She would
submit that the High Court failed to consider an important aspect of
the matter that the FIRs were registered as cases of missing children.
How does the High Court expect precise details in the FIRs? She
would submit that the recovery memos indicate the manner in which
the investigation was conducted and how each accused not only
led the investigation agency to apprehend the other accused but
also led to retrieval of the children. She brought to our notice that
each child was found from the home/custody of one or the other
accused persons.
40. Ms. Aparna Bhat brought something very shocking to our notice.
As an illustration Ms. Bhat pointed out that the respondent no. 2 in
SLP(CRL.) 4667 of 2025, namely, Anuradha Devi is a nurse serving
in a primary health centre at Hazari Bagh Chhattisgarh. Similarly,
the respondent no. 2 in SLP (CRL.) 4668 of 2025 and SLP (CRL.)
4660 of 2025 respectively, namely, Jagveer Baranwal is also directly
involved in child trafficking. At least four of the trafficked children
were retrieved at their instances from the persons to whom they
had sold the children.
41. Ms. Bhat would submit that if such individuals are granted bail they
would return to the place of their work and continue indulging in such
nefarious activities which constitute a very serious crime.
42. In such circumstances referred to above, Ms. Bhat prayed that there
being merit in all her appeals those may be allowed and the orders
passed by the High Court granting bail to the accused persons be
set aside and they should be ordered to be taken back in custody.

ii. Submissions on behalf of accused persons; Santosh Sao
and Jagveer Baranwal.
43. Ms. Tanya Agarwal, the learned counsel appearing for one of the
accused persons, namely, Santosh Sao submitted that her client
[2025] 5 S.C.R. 591

Pinki v. State of Uttar Pradesh and Anr.

cannot be said to be one of the members of the gang operating for
the purpose of human trafficking. She would submit that her client
is a poor man residing in a small village in the State of Jharkhand.
He is a father of four daughters (aged between 16 years – 3 years).
The counsel would submit that her client is the sole bread earner
of the family. It was argued that the accused Santosh Sao has no
role to play either in kidnapping or selling. She further argued that
the trafficked child was not found from the custody of her client but
was found from the custody of one Nand Lal Ram. According to the
learned counsel the name of her client came to be disclosed at the
instance of one co-accused, namely, Anuradha Devi.
44. Ms. Agarwal further submitted that her client is very much available
for trial. His whereabouts are very much known to the police and
he is regularly attending the trial court.
45. In such circumstances referred to above, Ms. Agarwal prayed that
the bail of her client may not be cancelled.

iii. Submissions on behalf of accused; Manish Jain.
46. Ms. Sangeeta Singh, the learned counsel appearing for one of the
accused persons, namely, Manish Jain submitted that the High Court
committed no error much less any error of law in ordering release
of her client on bail. She would submit that no child was retrieved
from her client and the entire case against her client is based on
the statements of the other co-accused. In this regard she pointed
out the following: -
“Bail granted on 27.02.2024 in Cri.Misc. Bail App. No.
201/2024 in FIR No. 201/2023.
Bail granted in Crl.Misc. Bail App. No. 47898 of 2023 in
FIR No. 193/2023 on 21.11.2023.
Bail granted in Crl.Misc. Bail App. No.17559/2024 in FIR
No. 50/2023 on 27.05.2024.”
47. She further submitted that cancellation of bail is prayed for at the
instance of the first informant and not by the State. According to her,
the first informant has personal vengeance to wreck against her client.
48. In such circumstances, the learned counsel prayed that no case is
made out by the first informant for the purpose of cancellation of
592 [2025] 5 S.C.R.

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bail of the accused, namely, Manish Jain and therefore, the orders
passed by the High Court releasing Manish Jain on bail may not
be disturbed.

iv. Submissions on behalf of the State.
49. Mr. Garvesh Kabra, the learned counsel appearing for the State of
U.P. adopted all the submissions canvassed by Ms. Aparna Bhat
appearing for the appellants. He submitted after obtaining instructions
from the concerned courts below as well as the investigation officers
that the whereabouts of most of the accused persons are not known
as on date. He pointed out that after being released on bail many of
the accused persons have absconded and are not appearing before
the courts below for the purpose of committal proceedings.

G. ANALYSIS
50. Having heard the learned counsel appearing for the parties and
having gone through materials on record the only question that falls
for our consideration is whether the High Court committed any error
in passing various orders releasing the accused persons on bail?
51. In Bachpan Bachao and Ors v. UOI and Ors. reported in 2010
SCC OnLine Del 4613, A.K. Sikri, J. (as His Lordship then was)
speaking for the Bench observed that: -
“17. Trafficking in women and children is the gravest form
of abuse and exploitation of human beings. Thousands of
Indians are trafficked everyday to some destination or the
other and are forced to lead lives of slavery. They are forced
to survive in brothels, factories, guesthouses, dance bars,
farms and even in the homes of well-off Indians, with no
control over their bodies and lives. The Indian Constitution
specifically bans the trafficking of persons. Article 23,
in the Fundamental Rights, Part III of the Constitution,
prohibits “traffic in human beings and other similar forms
of forced labour”. Though there is no concrete definition
of trafficking, it could be said that trafficking necessarily
involves movement/transportation, of a person by means
of coercion or deceit, and consequent exploitation
leading to commercialization. The abusers, including the
traffickers, the recruiters, the transporters, the sellers, the
[2025] 5 S.C.R. 593

Pinki v. State of Uttar Pradesh and Anr.

buyers, the end-users etc., exploit the vulnerability of the
trafficked person. Trafficking shows phenomenal increase
with globalization. Increasing profit with little or no risk,
organized activities, low priority in law enforcement etc.,
aggravate the situation. The income generated by trafficking
is comparable to the money generated through trafficking
in arms and drugs. Trafficking in human beings take place
for the purpose of exploitation which in general could be
categorized as (a) Sex-based and (b) Non-sex-based.
The former category includes trafficking for prostitution,
Commercial sexual abuse, paedophilia, pornography, cyber
sex, and different types of disguised sexual exploitation
that take place in some of the massage parlours, beauty
parlours, bars, and other manifestations like call girl racket,
friendship clubs, etc. Non sex based trafficking could be for
different types of servitude, like domestic labour, industrial
labour, adoption, organ transplant, camel racing, marriage
related rackets etc. But the growing trafficking in women
is principally for the purpose of prostitution. Prostitution is
an international problem. However, we are aware of the
fact that it is legalized in many countries around the globe.
Unfortunately, society remains tolerant of this abominable
crime against women. There are assorted ways of getting
women into prostitution that are common to many countries;
then there are particular unique methods varies to a country.
Probably, the three most common methods are false
employment promises, false marriages and kidnapping.
But what makes women and girls vulnerable are economic
distress, desertion by their spouses, sexually exploitative
social customs and family traditions. In a recent survey
in India, prostituted women cited the following reasons
for their remaining in the trade, reasons that have been
echoed in all the concerned countries. In descending order
of significance, they are: poverty and unemployment; lack
of proper reintegration services, lack of options; stigma and
adverse social attitudes; family expectations and pressure;
resignation and acclimatization to the lifestyle. The two
principal Indian laws that addresses the trafficking and
prostitution in particular are the Suppression of Immoral
Traffic in Women and Girls Act, 1956 (SITA) and the
594 [2025] 5 S.C.R.

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Immoral Traffic (Prevention) Act, 1986 (ITPA), colloquially
called PITA, and amendment to SITA. Neither law prohibits
prostitution per se, but both forbids commercialized vice
and soliciting.
18. India is said to have adopted a tolerant approach
to prostitution whereby an individual is free to carry
on prostitution provided it is not an organized and a
commercialized vice. However, it commits itself to opposing
trafficking as enshrined in Article 23 of the Constitution
which prohibits trafficking in human beings. India is also
a signatory to international conventions such as the
Convention on Rights of the Child (1989), Convention
on Elimination of all forms of Discrimination Against
Women (1979), UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and
Children (2000) and the latest South Asian Association for
Regional Cooperation (SAARC) Convention on Preventing
and Combating Trafficking in Women and Children for
Prostitution (2002). A trafficked victim is, therefore, a victim
of multiplicity of crimes, and extreme form of abuse and
violation of human rights. The constitution of India, under
Article 23 specifically prohibits trafficking in human beings.
At present, the legal regime to trafficking of women and
children for commercial sexual exploitation includes the
following:
A) Indian Penal Code, 1960;
B) ITPA, 1956;
C) J.J. Act, 2000;
D) Special laws of various states;
E) Rulings of Supreme Court and High Court.”
52. His Lordship went on to further observe:
“19. There may be various problems while dealing with the
issue of “trafficking”. These petitioners seek to highlight
limited facets of children being compelled to perform in
circus and illegal trafficking in children and failure on
the part of the law enforcement agencies as well as the
[2025] 5 S.C.R. 595

Pinki v. State of Uttar Pradesh and Anr.

society to protect the fundamental rights of the children.
The Government had itself admitted the seriousness of the
problem. The report prepared by Mr. Gopal Subramanium,
learned Solicitor General of India and submitted in Bachpan
Bachao petition, it is sated that the trafficking in human
beings is not a new phenomenon. Women, children and
men have been captured, bought and sold in market places
for decades. Human trafficking is one of the most lucrative
criminal activities. Estimates of the United Nations state
that 1 to 4 million people are trafficked worldwide each
year. Trafficking in women and children is an operation
which is worth more than $10 billion annually. The NHRC
Committee on Missing Children has the following statistics
to offer:
(a) 12.6 million (Governmental sources) a 100 million
(unofficial sources) stated to be child labour;
(b) 44,000 children are reported missing annually, of
which 11,000 get traced;
(c) About 200 girls and women enter prostitution daily,
of which 20% are below 15 years of age.
International conventions exist to punish and suppress
trafficking especially against women and children [Ref:
UN Protocol to Prevent, Suppress and Punish Trafficking
in Persons also referred as the Palermo Protocol on
Trafficking.] Trafficking is now defined as an organized
crime against humanity. The convention being an
international convention is limited to cross border trafficking
but does not address trafficking within the country. The
definition of trafficking is significant:
“[...] The recruitment, transportation, transfer,
harbouring or receipt of persons by means of threat or
use of force or other forms of coercion, of abduction,
of fraud, of deception, of the abuse of power or of a
position of vulnerability or of the giving or receiving
of payments or benefits to achieve the consent of a
person having control over another person, for the
purpose of exploitation [...]”
596 [2025] 5 S.C.R.

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It is further submitted by the learned Solicitor General
that children under 18 years of age cannot give a valid
consent. It is further submitted that any recruitment,
transportation, transfer, harbouring or receipt of children
for the purpose of exploitation is a form of trafficking
regardless of the means used. Three significant elements
constitute trafficking:
(a) The action involving recruitment and transportation;
(b) The means employed such as force, coercion, fraud
or deception including abuse of power and bribes; and
(c) The preliminary purpose being of exploitation including
prostitution, etc.
Internationally, there is a working definition of child
trafficking. The working definition is clear because it
incorporates the above three elements. In June 2001,
India has adopted the PALERMO Protocol to evolve its
working definition of child trafficking.
The forms and purposes of child trafficking may be : -
(a) Bonded labour;
(b) Domestic work;
(c) Agricultural labour;
(d) Employment in construction activity;
(e) Carpet industry;
(f) Garment industry;
(g) Fish/shrimp export;
(h) Other sites of work in the formal and informal
economy.
Trafficking can also be for illegal activities such as : -
(a) Begging;
(b) Organ trade;
(c) Drug peddling and smuggling.
[2025] 5 S.C.R. 597

Pinki v. State of Uttar Pradesh and Anr.

Trafficking can be for sexual exploitation, i.e.
(a) Forced prostitution;
(b)Socially and religiously sanctified forms of
prostitution;
(c) Sex tourism;
(d) Pornography.
Child trafficking can be to aid entertainment in sports : -
(a) Circus/dance troupes;
(b) Camel jockeying.
Some problem of “trafficking” is highlighted only to show the
plight of children and women, who are taken as domestic
help by dubious placement agencies and forced them into
flesh trade.
20. Coming back to the medium of placement agencies,
poverty and lack of opportunity are major foundation of
trafficking. Child trafficking typically begins with a private
arrangement between a trafficker and a family member,
driven by the family economic plight and the trafficker’s
desire for profit and cheap labour. Someone comes along
and says he or she has professions or jobs for the children
and the parents believe it. Parents think that in letting
children go they are doing something good for them;
but someone takes them as and makes them domestic
workers, and someone else takes all the money instead
of giving them a salary. Some crimes that are commonly
concurrent with child trafficking, or which child trafficking
may initially appear to be are:
A) Domestic violence;
B) Child abuse or neglect;
C) Child sexual abuse;
D) Child pornography;
E) Child labour violations.”
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i. Broad Principles for Grant of Bail.
53. In Gudikanti Narasimhulu and Others v. Public Prosecutor,
High Court of Andhra Pradesh reported in (1978) 1 SCC 240,
Krishna Iyer, J., while elaborating on the content of Article 21 of the
Constitution of India in the context of personal liberty of a person
under trial, has laid down the key factors that should be considered
while granting bail, which are extracted as under: -
“7. It is thus obvious that the nature of the charge is the vital
factor and the nature of the evidence also is pertinent. The
punishment to which the party may be liable, if convicted
or conviction is confirmed, also bears upon the issue.
8. Another relevant factor is as to whether the course of
justice would be thwarted by him who seeks the benignant
jurisdiction of the Court to be freed for the time being
[ Patrick Devlin, The Criminal Prosecution in England
(Oxford University Press, London 1960) p. 75 — Modern
Law Review, Vol. 81, Jan. 1968, p. 54.]
9. Thus the legal principles and practice validate the Court
considering the likelihood of the applicant interfering with
witnesses for the prosecution or otherwise polluting the
process of justice. It is not only traditional but rational,
in this context, to enquire into the antecedents of a man
who is applying for bail to find whether he has a bad
record — particularly a record which suggests that he is
likely to commit serious offences while on bail. In regard
to habituals, it is part of criminological history that a
thoughtless bail order has enabled the bailee to exploit
the opportunity to inflict further crimes on the members
of society. Bail discretion, on the basis of evidence about
the criminal record of a defendant, is therefore not an
exercise in irrelevance.”
(Emphasis supplied)

54. In Prahlad Singh Bhati v. NCT, Delhi & Anr. reported in (2001)
4 SCC 280, this Court highlighted various aspects that the courts
should keep in mind while dealing with an application seeking bail.
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Pinki v. State of Uttar Pradesh and Anr.

The same may be extracted as follows: -
“8. The jurisdiction to grant bail has to be exercised
on the basis of well-settled principles having regard to
the circumstances of each case and not in an arbitrary
manner. While granting the bail, the court has to keep in
mind the nature of accusations, the nature of evidence
in support thereof, the severity of the punishment which
conviction will entail, the character, behaviour, means
and standing of the accused, circumstances which are
peculiar to the accused, reasonable possibility of securing
the presence of the accused at the trial, reasonable
apprehension of the witnesses being tampered with, the
larger interests of the public or State and similar other
considerations. It has also to be kept in mind that for the
purposes of granting the bail the Legislature has used
the words “reasonable grounds for believing” instead of
“the evidence” which means the court dealing with the
grant of bail can only satisfy it (sic itself) as to whether
there is a genuine case against the accused and that the
prosecution will be able to produce prima facie evidence
in support of the charge. [...]”
(Emphasis supplied)

55. This Court in Ram Govind Upadhyay v. Sudarshan Singh reported
in (2002) 3 SCC 598, speaking through Banerjee, J., emphasised that
a court exercising discretion in matters of bail, has to undertake the
same judiciously. In highlighting that bail should not be granted as
a matter of course, bereft of cogent reasoning, this Court observed
as follows: -
“3. Grant of bail though being a discretionary order —
but, however, calls for exercise of such a discretion in a
judicious manner and not as a matter of course. Order
for bail bereft of any cogent reason cannot be sustained.
Needless to record, however, that the grant of bail is
dependent upon the contextual facts of the matter being
dealt with by the court and facts, however, do always vary
from case to case. While placement of the accused in the
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society, though may be considered but that by itself cannot
be a guiding factor in the matter of grant of bail and the
same should and ought always to be coupled with other
circumstances warranting the grant of bail. The nature
of the offence is one of the basic considerations for the
grant of bail — more heinous is the crime, the greater
is the chance of rejection of the bail, though, however,
dependent on the factual matrix of the matter.”
(Emphasis supplied)

56. In Kalyan Chandra Sarkar v. Rajesh Ranjan reported in (2004) 7
SCC 528, this Court held that although it is established that a court
considering a bail application cannot undertake a detailed examination
of evidence and an elaborate discussion on the merits of the case,
yet the court is required to indicate the prima facie reasons justifying
the grant of bail.
57. In Prasanta Kumar Sarkar v. Ashis Chatterjee reported in (2010)
14 SCC 496, this Court observed that where a High Court has
granted bail mechanically, the said order would suffer from the
vice of non-application of mind, rendering it illegal. This Court held
as under with regard to the circumstances under which an order
granting bail may be set aside. In doing so, the factors which ought
to have guided the Court’s decision to grant bail have also been
detailed as under: -
“9. [...] It is trite that this Court does not, normally,
interfere with an order passed by the High Court granting
or rejecting bail to the accused. However, it is equally
incumbent upon the High Court to exercise its discretion
judiciously, cautiously and strictly in compliance with
the basic principles laid down in a plethora of decisions
of this Court on the point. It is well settled that, among
other circumstances, the factors to be borne in mind while
considering an application for bail are:
(i) whether there is any prima facie or reasonable ground
to believe that the accused had committed the offence;
(ii) nature and gravity of the accusation;
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Pinki v. State of Uttar Pradesh and Anr.

(iii) severity of the punishment in the event of conviction;
(iv) danger of the accused absconding or fleeing, if
released on bail;
(v) character, behaviour, means, position and standing
of the accused;
(vi) likelihood of the offence being repeated;
(vii) reasonable apprehension of the witnesses being
influenced; and
(viii) danger, of course, of justice being thwarted by grant
of bail.”
(Emphasis supplied)

58. In Bhoopendra Singh v. State of Rajasthan reported in (2021)
17 SCC 220, this Court made observations with respect to the
exercise of appellate power to determine whether bail has been
granted for valid reasons as distinguished from an application for
cancellation of bail i.e. this Court distinguished between setting
aside a perverse order granting bail vis-à-vis cancellation of bail on
the ground that the accused has misconducted himself or because
of some new facts requiring such cancellation. Quoting Mahipal v.
Rajesh Kumar reported in (2020) 2 SCC 118, this Court observed
as under: -
“16. The considerations that guide the power of an appellate
court in assessing the correctness of an order granting
bail stand on a different footing from an assessment of an
application for the cancellation of bail. The correctness of
an order granting bail is tested on the anvil of whether there
was an improper or arbitrary exercise of the discretion in
the grant of bail. The test is whether the order granting
bail is perverse, illegal or unjustified. On the other hand,
an application for cancellation of bail is generally examined
on the anvil of the existence of supervening circumstances
or violations of the conditions of bail by a person to whom
bail has been granted. [...]”
(Emphasis supplied)
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59. One of the judgments of this Court on the aspect of application of
mind and requirement of judicious exercise of discretion in arriving
at an order granting bail to the accused is Brijmani Devi v. Pappu
Kumar reported in (2022) 4 SCC 497, wherein a three-Judge Bench
of this Court, while setting aside an unreasoned and casual order
[Pappu Kumar v. State of Bihar reported in (2021) SCC OnLine Pat
2856 and Pappu Singh v. State of Bihar reported in (2021) SCC
OnLine Pat 2857] of the High Court granting bail to the accused,
observed as follows: -
“35. While we are conscious of the fact that liberty of an
individual is an invaluable right, at the same time while
considering an application for bail courts cannot lose
sight of the serious nature of the accusations against an
accused and the facts that have a bearing in the case,
particularly, when the accusations may not be false,
frivolous or vexatious in nature but are supported by
adequate material brought on record so as to enable
a court to arrive at a prima facie conclusion. While
considering an application for grant of bail a prima facie
conclusion must be supported by reasons and must be
arrived at after having regard to the vital facts of the
case brought on record. Due consideration must be given
to facts suggestive of the nature of crime, the criminal
antecedents of the accused, if any, and the nature of
punishment that would follow a conviction vis-à-vis the
offence(s) alleged against an accused.”
(Emphasis supplied)

60. In Manoj Kumar Khokhar v. State of Rajasthan and Another
reported in (2022) 3 SCC 501, Her Ladyship B.V. Nagarathna, J,
speaking for the Bench observed as under:
“37. Ultimately, the court considering an application for bail
has to exercise discretion in a judicious manner and in
accordance with the settled principles of law having regard
to the crime alleged to be committed by the accused on
the one hand and ensuring purity of the trial of the case
on the other.
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Pinki v. State of Uttar Pradesh and Anr.

38. Thus, while elaborate reasons may not be assigned
for grant of bail or an extensive discussion of the merits of
the case may not be undertaken by the court considering a
bail application, an order dehors reasoning or bereft of the
relevant reasons cannot result in grant of bail. In such a
case the prosecution or the informant has a right to assail
the order before a higher forum. As noted in Gurcharan
Singh v. State (Delhi Admn.) [Gurcharan Singh v. State
(Delhi Admn.), (1978) 1 SCC 118 : 1978 SCC (Cri) 41 : 1978
Cri LJ 129], when bail has been granted to an accused,
the State may, if new circumstances have arisen following
the grant of such bail, approach the High Court seeking
cancellation of bail under Section 439(2) CrPC. However,
if no new circumstances have cropped up since the grant
of bail, the State may prefer an appeal against the order
granting bail, on the ground that the same is perverse or
illegal or has been arrived at by ignoring material aspects
which establish a prima facie case against the accused.”
(Emphasis supplied)

61. We have referred to the above authorities solely for the purpose
of reiterating two conceptual principles, namely, factors that are to
be taken into consideration while exercising power of admitting an
accused to bail when offences are of serious nature, and the distinction
between cancellation of bail because of supervening circumstances
and exercise of jurisdiction in nullifying an order granting bail in an
appeal when the bail order is assailed on the ground that the same
is perverse or based on irrelevant considerations or founded on
non-consideration of the factors which are relevant.
62. We are absolutely conscious that liberty of a person should not be
lightly dealt with, for deprivation of liberty of a person has immense
impact on the mind of a person. Incarceration creates a concavity
in the personality of an individual. Sometimes it causes a sense
of vacuum. Needless to emphasise, the sacrosanctity of liberty is
paramount in a civilised society. However, in a democratic body polity
which is wedded to the rule of law an individual is expected to grow
within the social restrictions sanctioned by law. The individual liberty
is restricted by larger social interest and its deprivation must have
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due sanction of law. In an orderly society an individual is expected
to live with dignity having respect for law and also giving due respect
to others’ rights. It is a well-accepted principle that the concept of
liberty is not in the realm of absolutism but is a restricted one. The
cry of the collective for justice, its desire for peace and harmony and
its necessity for security cannot be allowed to be trivialised. The life
of an individual living in a society governed by the rule of law has
to be regulated and such regulations which are the source in law
subserve the social balance and function as a significant instrument
for protection of human rights and security of the collective. This is
because, fundamentally, laws are made for their obedience so that
every member of the society lives peacefully in a society to achieve
his individual as well as social interest. That is why Edmond Burke
while discussing about liberty opined, “it is regulated freedom”.
63. It is also to be kept in mind that individual liberty cannot be accentuated
to such an extent or elevated to such a high pedestal which would
bring in anarchy or disorder in the society. The prospect of greater
justice requires that law and order should prevail in a civilised
milieu. True it is, there can be no arithmetical formula for fixing the
parameters in precise exactitude but the adjudication should express
not only application of mind but also exercise of jurisdiction on
accepted and established norms. Law and order in a society protect
the established precepts and see to it that contagious crimes do not
become epidemic. In an organised society the concept of liberty
basically requires citizens to be responsible and not to disturb the
tranquillity and safety which every well-meaning person desires.
Not for nothing J. Oerter stated: “Personal liberty is the right to act
without interference within the limits of the law.”
64. Thus analysed, it is clear that though liberty is a greatly cherished value
in the life of an individual, it is a controlled and restricted one and no
element in the society can act in a manner by consequence of which
the life or liberty of others is jeopardised, for the rational collective
does not countenance an anti-social or anti-collective act. [See: Ash
Mohammad v. Shiv Raj Singh, reported in (2012) 9 SCC 446].
65. The newspaper “Times of India”, in its Delhi Edition dated 14.04.2025
has reported something extremely shocking and painful. The news
item reads thus:
[2025] 5 S.C.R. 605

Pinki v. State of Uttar Pradesh and Anr.

“Stolen at birth, sold for lakhs: Police arrest three suspects on the
Trafficking racket busted in city spot-Yasmin (30) from Mohan Garden,
Anjali (36) from Malviya Nagar, and
TIMES NEWS NETWORK
Jitender (47) from Madangir. A woman
New Delhi: A gang of alleged constable quickly took
child traffickers involved in the
abduction and sale of new-borns A SENIOR COP SAYS
in different states has been busted Cops reached the location and
found a silver car parked on the
by the police. Three individuals,
roadside. Inside, a newborn was
including two women, were
found crying uncontrollably in the
arrested in connection with the sweltering heat, suffering from
case, and two infants-one just hunger and dehydration the baby
four to five days old-were rescued. in her arms, comforting the infant,
before rushing him to a hospital,
According to police, the gang
where doctors said the child was
operated across state lines,
only a few days old.
targeting remote villages and
hospitals in Rajasthan and Gujarat.
Newborns, some barely days old, Police said Yasmin brought the baby
were stolen and then kept in slum from the slums of Krishna Colony,
areas around Delhi before being claiming the infant was transported
sold to childless couples for sums from Gujarat. Anjali arrived to collect
ranging from Rs. 5 to Rs. 10 lakh. the child and make the payment,
while Jitender was driving the vehicle.
So far, police believe the gang The deal, worth Rs. 5 lakh was to be
trafficked at last 35 infants into finalised upon delivery of the baby.
Delhi. Efforts are underway to Police said Anjali had earlier been
trace the origins of the rescued arrested by CBI in a similar case of
children and locate their biological human trafficking.
parents. Based on information provided by
The breakthrough came on April Yasmin during interrogation, a second
8, when the special staff team of baby was located and rescued. Cops
Dwarka district received a tip off are now working to identify the infants’
about an infant being allegedly parents and uncover the full extent of
sold in Uttam Nagar. “Acting swiftly, the gang’s operations.
police reached the location near Preliminary investigation suggests that
Uttam Nagar East Metro Station the gang had a widespread network
and found a silver car parked on not only in slums but also in some
the roadside. Inside, a newborn upscale neighbourhoods of Delhi.
was found crying uncontrollably Sources indicate that some medical
in the sweltering heat, suffering professionals may also be complicit in
from hunger and dehydration,” a the racket, helping connect the gang
senior police officer said, adding, to potential buyers.
“Ignoring the child’s desperate
cries, the occupants of the vehicle Police have taken the accused into
were allegedly busy negotiating custody and are conducting searches
the sale.” in Rajasthan and Gujarat to gather
more evidence.”
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66. Thus, it appears that a huge gang is dangerously operating within &
outside Delhi and is selling trafficked infants and children in different
States for sums ranging from Rs. 5,00,000/- to 10,00,000/-. It also
appears from the reporting that some of the accused persons who
have been arrested are habitual offenders. The report says that
one Anjali who had been earlier arrested by CBI in a similar case
of human trafficking is said to be involved in the present incident.

H. CONCLUSION
67. Considering the serious nature of the crime and the modus operandi
adopted by the accused persons we are of the view that the High
Court should not have exercised its discretion in favour of the accused
persons. We are sorry to say but the High Court dealt with all the bail
applications in a very callous manner. The outcome of this callous
approach on the part of the High Court has ultimately paved way
for many accused persons to abscond and thereby put the trial in
jeopardy. These accused persons are a big threat to the society
wherever they are in the country. They have exhibited a tendency
of committing a particular nature of crime, namely, child trafficking.
The least that was expected of the High Court while granting bail
to all the accused persons was to impose a condition on each of
them to mark their presence once in a week at the concerned police
station so that the police can keep a check over the movements of
all the accused persons. All that the High Court did was to direct the
accused persons to remain present before the trial court. In none
of the impugned orders there is a condition of marking presence at
the concerned police station as a result, the police lost track of all
these accused persons.
68. We are thoroughly disappointed with the manner in which the State
handled the situation. Why did the State not do anything for all this
period of time? Why did the State not deem fit to challenge the
orders of bail passed by the High Court? The State unfortunately
has exhibited no seriousness worth the name.
69. The accused, namely, Santosh Sao claims to be a poor man and
a father of four minor daughters. Unfortunately, the role ascribed to
Santosh Sao is also very dubious. It appears prima facie that Santosh
Sao was longing for a son and he went to the extent of purchasing a
trafficked minor male child, named, Sunny Nishad. The case against
[2025] 5 S.C.R. 607

Pinki v. State of Uttar Pradesh and Anr.

him is that he bought the male child from two co-accused, namely,
Jagveer Baranwal and Anuradha Devi for Rs. 4,00,000/-. We are of
the view that Santosh Sao is equally responsible. He may not be
directly involved in actual kidnapping of the minor male child but at
the same time prima facie knowledge could definitely be imputed to
him that the minor child he was purchasing for Rs. 4,00,000/- was a
trafficked child. The desire of Santosh Sao is one of the unfortunate
illustrations of the evil that men do. The extent to which people go
to have a male child. They do not hesitate to purchase a trafficked
child at the cost of causing pain, agony and immense trauma to the
biological parents of the trafficked child.
70. So far as the accused, namely, Manish Jain is concerned, he
appears to be one of the kingpins in the entire racket. The case
against him is that he is one of the key players in the organized
interstate child trafficking racket. There is prima facie evidence on
record to indicate that he actively managed the illegal operations,
coordinating the sale and purchase of trafficked children across
regions. He alongwith two co-accused, namely, Vinay Mishra &
Shikha Devi is alleged to have been frequently working for the
purpose of trafficking minors and selling them for huge amount.
It is alleged that between March and April, 2023 he sold multiple
trafficked children for the amount ranging between Rs. 40,000/-
and Rs. 2,60,000/-.
71. Although the learned counsel appearing for Jagveer Baranwal
vehemently submitted that her client has nothing to do with any
hospital nor he is serving as a male nurse in the hospital, yet the
evidence on record indicates more than prima facie his involvement
in collusion with the nurse, namely, Anuradha Devi. There is evidence
on record to prima facie indicate that the police was able to retrieve
one of the trafficked child directly from the custody of the Jagveer
Baranwal. The child was found from the custody of Jagveer Baranwal
at a point of time when Jagveer and his accomplices were negotiating
for the sale of the said child.
72. Modern political scientist and philosopher, also favours certain
limitation on liberty, for safeguarding the societal interest and
professes the proportionality between the liberty and restriction, thus
laying down exception for the personal liberty, in following words:
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“Men are qualified for civil liberty in exact proportion
to their disposition to put moral chains upon their own
appetites, in proportion as their love to justice is above
their rapacity, in proportion as their soundness and sobriety
of understanding is above their vanity and presumption,
in proportion as they are more disposed to listen to the
counsels of the wise and good, in preference to the flattery
of knaves. Society cannot exist, unless a controlling power
upon will and appetite be placed somewhere; and the less
of it there is within, the more there must be without. It is
ordained in the eternal constitution of things, that men of
intemperate minds cannot be free. Their passions forge
their fetters.”5
(Emphasis supplied)

73. Thus, certain restrictions or limitations, on the exercise of personal
liberty, by the State or other such human agency, are necessary
elements, in the interest of liberty of a well-ordered society or societal
interest.6
74. This Court has also held that unlimited and unqualified liberty cannot
be said to be in favour of societal interest. In Kartar Singh v. State
of Punjab reported in (1994) 3 SCC 569, this Court observed:
“Liberty cannot stand alone but must be paired with
companion virtue i.e. virtue and morality, liberty and law,
liberty and justice, liberty and common good, liberty and
responsibility which are concomitants for orderly progress
and social stability. Man being a rationale individual has
to live in harmony with equal rights of others and more
differently for the attainment of antithetic desires. This
intertwined network is difficult to delineate within defined
spheres of conduct within which freedom of action may
be confined. Therefore, liberty would not always be an
absolute licence but must arm itself within the confines of

5 John C. Nimmo, The Works of the Right Honourable Edmund Burke: A Letter to a Member of the National
Assembly, vol. 4 (London).
6 Quentin Skinner, The Paradoxes of Liberty, The Tanner Lectures on Human Values, Harvard Univ., Oct.
24–25, 1984.
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Pinki v. State of Uttar Pradesh and Anr.

law. In other words, there can be no liberty without social
restraint. Liberty, therefore, as a social conception is a
right to be assured to all members of a society. Unless
restraint is enforced on and accepted by all members of
the society, the liberty of some must involve the oppression
of others. If liberty be regarded a social order, the problem
of establishing liberty must be a problem of organising
restraint which society controls over the individual.
Therefore, liberty of each citizen is borne of and must
be subordinated to the liberty of the greatest number, in
other words common happiness as an end of the society,
lest lawlessness and anarchy will tamper social weal
and harmony and powerful courses or forces would be
at work to undermine social welfare and order. Thus the
essence of civil liberty is to keep alive the freedom of the
individual subject to the limitation of social control which
could be adjusted according to the needs of the dynamic
social evolution.”
(Emphasis supplied)

75. In Gudikanti Narasimhulu (supra) this Court observed thus: -
“After all, personal liberty of an accused or convict is
fundamental, suffering lawful eclipse only in terms of
‘procedure established by law’. The last four words of Art.
21 are the life of that human right. The doctrine of Police
Power constitutionally validates punitive processes for the
maintenance of public order, security of the State, national
integrity and the interest of the public generally. Even so,
having regard to the solemn issue involved, deprivation of
personal freedom, ephemeral or enduring, must be founded
on the most serious considerations relevant to the welfare
objectives of society, specified in the Constitution.”
(Emphasis supplied)

76. In no circumstances, the High Court could have released Santosh
Sao, Jagveer Baranwal & Manish Jain respectively on bail.
77. In such circumstances referred to above, we are of the view that we
should set aside all the orders passed by the High Court granting
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bail to the accused persons and they should be asked to surrender
before the trial court.
78. The final word: The true test to ascertain whether discretion has been
judiciously exercised or not is to see whether the court has been able
to strike a balance between the personal liberty of the accused and
the interest of the State, in other words, the societal interests. Each
bail application should be decided in the facts and circumstances of
the case having regard to the various factors germane to the well
settled principles of grant or refusal of bail. In the words of Philip
Stanhope, “Judgment is not upon all occasions required, but
discretion always is”.
79. In the result all these appeals succeed and are allowed. The impugned
orders of bail passed by the High Court are hereby set aside.
80. All the accused persons are directed to surrender before the committal
court and the committal court in turn shall remand them to judicial
custody.
81. We issue the following further directions: -
a. We direct the Chief Judicial Magistrate District Varanasi and
the Additional Chief Judicial Magistrate Court No. 5 District
Varanasi to commit all the three criminal cases referred to in
para 9 of this judgment to the sessions court, within a period
of two weeks from today without fail.
b. Upon all the three criminal cases being committed to the court
of sessions, the concerned trial court shall proceed to frame
charge against individual accused persons within a period of
one week thereafter.
c. If it is brought to the notice of the trial court that some of the
accused persons have absconded or their whereabouts are not
known, the trial court shall take steps immediately to secure
their presence by issuing non-bailable warrant etc. The trial
of the absconding accused shall be separated in accordance
with law so that the trial of the other co-accused persons do
not get delayed.
d. Once the charge is framed by the trial court in individual cases,
the concerned trial court shall proceed with the recording of
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Pinki v. State of Uttar Pradesh and Anr.

the evidence preferably on day-to-day basis and complete the
proceedings of the trial within a period of six months.
e. We direct the State Government to appoint three special public
prosecutors for the purpose of conducting of the trials well
versed in criminal trials at the earliest.
f. We also direct the State Government to provide police protection
to the victims and their families pending the trial at the earliest
so as to prevent tampering of the evidence.
g. We grant two months’ time to the State Police to trace out all
those accused persons who have absconded and are on the
run. They shall be apprehended and produced before the court
concerned at the earliest.
h. We direct the State Government to ensure that the trafficked
children are admitted in schools in accordance with the
provisions of the Right of Children to Free and Compulsory
Education Act, 2009 and continue to provide support for their
education.
i. At the end of the trial, the concerned trial court shall pass
appropriate orders as regards compensation to the victims
under the provisions of the BNSS 2023 including under the
Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh
managed by the Land Welfare Committee.
j. All the State Governments across the country are directed to
look into the report of BIRD dated 12.04.2023 more particularly
the recommendations, as reproduced by us in para 34 of this
judgment.
k. All the State Governments are directed to study the entire
report and start implementing each of the recommendations
by working out appropriate modalities in that regard.
l. We direct all the High Courts across the country to call for the
necessary information as regards the status of the pending trials
relating to child trafficking. Once each of the High Courts is able
to collect the necessary data as regards the status of the trials,
a circular thereafter shall be issued on its administrative side
to all the concerned trial courts to complete the trials within a
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period of six months from the date of the circular and if need
be, by conducting the trials on day-to-day basis. Each of the
High Courts shall thereafter forward a report to this Court as
regards the compliance of the directions contained in the circular.
m. Non-compliance of our directions or any laxity of any nature in
that regard on the part of any of the authorities shall be viewed
very strictly and if need be, they shall be proceeded for contempt.
82. With the aforesaid, all the appeals stand disposed of.
83. In the course of the hearing of this batch of appeals, we also came
across the Writ Petition (Crl.) No. 43 of 2024 in which a coordinate
bench of this Court has passed the following order:
“1. Heard Ms. Aparna Bhat, learned senior counsel
appearing for the petitioner. The Union of India is
represented by Ms. Aishwarya Bhati, learned ASG. Mr.
Garvesh Kabra, learned counsel appears for respondent
No. 2 – State of Uttar Pradesh. Mr. Sarad Kumar Singhania,
learned counsel appears for respondent No. 4 – State
of Madhya Pradesh. Mr. Milind Kumar, learned counsel
appears for respondent No. 5 – State of Rajasthan.
2. This Writ Petition is concerned with the plight of children
who are victims of organised child trafficking racket spread
across multiple States in the country. Young children from
vulnerable families are kidnapped and sold to traffickers
who work on a network basis.
3. Ms. Aparna Bhat, learned senior counsel submits that
multiple FIRs have been filed in different States which
would indicate a well entrenched inter-state network of
child trafficking. There are people who are tasked to identify
vulnerable children and to arrange for their trafficking and
eventual exploitation. The picture given in the Writ Petition
raises serious issues.
4. The Ministry of Home Affairs, Government of India
had filed an affidavit on 23.09.2024. The same is taken
on record. The affidavit indicates the advisories issued
by the Ministry of Home Affairs to all the States and
the Union Territories on 25.06.2013 to address the 3
[2025] 5 S.C.R. 613

Pinki v. State of Uttar Pradesh and Anr.

specific aspects of trafficking i.e., prevention, protection
and prosecution. Special financial assistance is also
provided by the Union Government to the States/Union
Territories, for upgrading/setting up of the Anti-Human
Trafficking Units covering all the districts in the country.
Coordination with all the stakeholders on regular basis is
also mentioned in the counter affidavit. In fact, a national
level communication platform called the Crime Multi Agency
Centre (Cri-MAC) was launched in the year 2020 which
facilitates dissemination of information, inter alia, about
child trafficking crimes, on real time basis.
5. At this point, the results of the coordinated efforts made
by the Union Home Ministry with the States and the Union
Territories are not before us. The Union of India should
therefore coordinate with all the stakeholders, collect and
collate data on the issues noted hereunder and also file
the report before this Court:
(i) How many children missing cases have been registered
in each District/State since 2020 i.e. when the Cri-MAC
was launched?
(ii) From the registered cases, how many children have
been recovered within the stipulated period of 4 months
and how many are yet to be recovered?
(iii) Whether a functional Anti-Human Trafficking Units in
each district is established and if so (number of cases
entrusted to the respective Anti-Human Trafficking Units).
(iv) The powers conferred on the Anti-Human Trafficking
Units under applicable laws.
(v) The number of pending prosecutions relating to child
trafficking cases in each District/State.
(vi) Year-wise data be provided including the steps the
respective States intend to take in delayed cases of
investigation or non-recovery of the missing child.
6. The learned ASG will file a report as above in six weeks.
List after six weeks.”
614 [2025] 5 S.C.R.

Supreme Court Reports

84. It goes without saying that it is an important Writ Petition filed under
Article 32 of the Constitution. It raises important issues as is evident
from the order passed by this Court referred to above.
85. The Registry shall notify Writ Petition (Crl.) No. 43 of 2024 before
the appropriate court after obtaining orders from the Hon’ble Chief
Justice of India.
86. It is needless to clarify that the observations made by this Court
are prima facie in nature and not expressions of any final opinion.
The guilt or innocence of the accused shall be determined by the
trial court strictly on the basis of the evidence, direct or indirect, that
may come on record during the course of the trial. The trial court
shall not be influenced in any manner by any of the observations
made by this Court.
87. Registry is directed to forward one copy each of this judgment to all
the High Courts and one copy each to all the State Governments. So
far as the State Governments are concerned, one copy each of this
judgment shall be forwarded to the Principal Secretary, Ministry of
Home Affairs and Principal Secretary, Ministry of Women and Child
Development respectively.
88. Registry shall notify this matter once again in the month of October,
2025 to report compliance of our directions.
89. We request the Police Officer in-charge of the investigation of the
above incident of child trafficking as reported by TOI to personally
remain present before this Court on Monday 21.04.2025 so that we
can gather some further information as regards the action plan the
Police proposes to take against such gangs operating within and
outside Delhi. Registry to inform the officer concerned accordingly
at the earliest.
90. We want to convey a message to one & all more particularly the
parents across the country that they should remain extremely vigilant
and careful with their children. A slight carelessness or negligence or
laxity on their part may prove to be extremely costly. The pain and
agony which any parents may have to face when the child dies is
different from the pain and agony that the parents may have to face
when they lose their children to such gangs engaged in trafficking.
When the child dies, the parents may with passage of time resign
[2025] 5 S.C.R. 615

Pinki v. State of Uttar Pradesh and Anr.

to the will of the Almighty but when the child is lost and not found
they have to suffer the pain and agony for the rest of their life. It
is worst than death. Therefore, we humbly urge to one and all to
remain very cautious and vigilant.
91. If any newborn infant is trafficked from any hospital, the immediate
action against the hospital should be suspension of licence to run
the hospital over and above other actions in accordance with law.
When any lady comes to deliver her baby in any hospital, it is the
responsibility of the administration of the hospital to protect the
newborn infant in all respects.
92. Pending applications if any stand disposed of.

Result of the case: Appeals allowed.

†
Headnotes prepared by: Divya Pandey