The Bombay High Court has granted bail to a woman who was accused of coercing a minor into engaging in the flesh trade. The court's decision to grant bail was based on humanitarian grounds, taking into account that the accused woman was eight months pregnant and had an 18-month-old child who was incarcerated with her.
The case came to the attention of the Turbhe Police in Navi Mumbai after they received information about a woman's involvement in the exploitation of a minor girl in the flesh trade. Law enforcement officials apprehended the accused by setting up a sting operation with the assistance of an undercover officer.
The accused woman had contacted the undercover officer, who posed as a customer and arranged to meet at a location in Navi Mumbai. During the meeting, the woman offered to provide a "Kashmiri girl" for Rs 2,000. The police successfully conducted the raid and arrested the accused.
Subsequently, in February 2023, a case was registered, and charges were filed under the Protection of Children from Sexual Offences (POCSO) Act.
Advocates Shabbir Shora and Mubbasheera Shaikh, representing the accused, informed the court that their client was in desperate need of money and had not used force to involve the minor in such activities.
The court took into consideration the statement of the undercover officer, noting that the victim had willingly engaged in a physical relationship with the officer, and it was only after the police raid that the victim implicated the accused woman.
However, the victim's lawyer opposed the bail application, expressing concerns that the accused might threaten the victim if released on bail.
In response, Justice Karnik acknowledged the seriousness of the accusations against the accused, particularly given that the victim was a minor. Nevertheless, the court considered the fact that the accused had no previous criminal record. Taking into account the accused's pregnancy and her responsibility for an 18-month-old child who was also in custody, the judge granted bail on humanitarian grounds.
Justice Karnik stated, "On humanitarian grounds and in light of the circumstances of the case, I am inclined to grant her (the accused) bail, considering that she is eight months pregnant and has to care for an eighteen-month-old child who is in custody with her."
To address the victim's concerns about potential threats from the accused, the court ordered the accused to stay out of Mumbai. The court also warned, "Any attempt by the accused to contact or threaten the victim will be taken seriously and may result in the cancellation of bail."
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