Bail granted to female accused without criminal antecedents upon completion of investigation in trafficking offenses.

The applicants, Pooja Dhakal (owner of "Ivory Spa Centre") and Neeru Thing (manager), were arrested on February 8, 2026, in connection with Crime No. 208/2026

The prosecution's case originated from a written complaint by Paridhi Mishra, a tele-caller at the spa, who alleged that the applicants coerced her and other women from Assam and Nepal into prostitution

The complainant further alleged she was held under threats of death and defamation and confined at the center without food

Following an investigation, a charge-sheet was filed for offenses under Sections 143(1)(2), 296, and 351(3) r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956

The applicants moved the High Court for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the BNSS, 2023, in light of the nature of the allegations and their status as women with no criminal antecedents

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the discretionary power of the High Court to grant bail

It considered the penal provisions for unlawful assembly, obscenity, and criminal intimidation under Sections 143, 296, and 351 of the Bharatiya Nyaya Sanhita (BNS), 2023, as well as the specialized provisions of the Immoral Traffic (Prevention) Act, 1956

The Court also invoked procedural safeguards and consequences for bail default under Sections 84, 209, and 269 of the BNS and Section 351 of the BNSS

The Court examined the gravity of the allegations, noting the State's objection regarding the exploitation and confinement of the victims

However, the Court weighed these allegations against the fact that the investigation was complete and the charge-sheet had been filed

The Court emphasized that the applicants are women, have no prior criminal history, and had already been incarcerated for over two months since February 8, 2026

Highlighting that the trial was likely to be a prolonged process, the Court reasoned that the applicants’ continued detention was not warranted, provided that strict conditions were imposed to ensure their cooperation with the judicial process and to prevent the abuse of liberty

The grant of bail was subject to specific conditions: the applicants must not seek adjournments during evidence, must appear personally at all key trial stages (opening, framing of charges, and recording of statements under Section 351 BNSS), and must comply with all court dates or face proceedings under Section 269 of the BNS

The Court further stipulated that any default would allow the trial court to treat the absence as an abuse of liberty and proceed in accordance with law