Safe rescue of victims and lack of criminal antecedents justify bail in human trafficking prosecutions.

On December 10, 2025, a team from Bachpan Bachao Andolan and the Railway Child Helpline rescued six minor children from Train No. 12810 (Howrah to Mumbai).

The applicant was found accompanying the children and was allegedly taking them to Mumbai to work in a bangle-designing factory through monetary inducement, which the prosecution categorized as human trafficking.

The applicant was arrested on December 12, 2025, and a charge-sheet was subsequently filed on January 27, 2026.

The applicant contended that the children were traveling with the knowledge and consent of their parents—supported by affidavits—and that they possessed valid train tickets.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the allegations of human trafficking and the current stage of the proceedings.

The court exercised its jurisdiction under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

The applicant was charged under Sections 143 and 143(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, which define and prescribe punishment for the trafficking of persons, specifically involving minors.

The court also relied on established bail principles concerning the period of detention, the filing of the charge-sheet, and the lack of criminal antecedents.

The court evaluated the gravity of the offense against the specific circumstances of the case.

It noted that while the allegations involved human trafficking for exploitation, all six children were rescued safely without any harm being caused to them.

The court placed significant weight on the fact that the investigation was complete and the charge-sheet had already been filed, meaning the applicant's custodial interrogation was no longer required.

The court considered the applicant’s clean criminal record and his period of detention since December 12, 2025.

The defense's submission regarding parental consent and the use of lawful travel means (valid PNR tickets) further mitigated the necessity for continued incarceration.

The court ordered the applicant’s release upon furnishing a personal bond with two local sureties, subject to several conditions: (i) the applicant must not seek adjournments when witnesses are present; (ii) the applicant must appear on all trial dates; and (iii) the applicant must be personally present for the framing of charges and the recording of statements under Section 351 of the BNSS.