New Delhi: In a stinging rebuke to the Allahabad High Court's handling of serious crimes, the Supreme Court on Friday cancelled the bail granted to a woman accused of running a child trafficking and prostitution racket. The Bench, comprising Justice Sanjay Kumar and Justice Vinod K. Chandran, expressed shock at the "casual and mechanical" manner in which the High Court granted relief, relying on template orders without considering the gravity of the allegations.
The Court also questioned the State of Uttar Pradesh for its apathy, asking why the government had not proactively sought the cancellation of bail for an accused involved in multiple trafficking cases.
The case reached the Apex Court via an appeal filed by the NGO Guriya Swayam Sevi Sansthan, represented by Senior Advocate Aparna Bhat. The accused, identified as Tulsi, faces charges under the Immoral Traffic (Prevention) Act and Sections 372/373 of the IPC (Selling/Buying minors for prostitution).
The High Court had granted bail citing overcrowding in jails and parity with a co-accused, despite the fact that the co-accused faced different charges. Justice Sanjay Kumar, upon reviewing the HC order, remarked:
"Unfortunately, I have seen too many bail orders passed by this learned Judge. These are template orders being followed... Section 376, same order; 302, same order."
The Supreme Court noted that the accused was a known trafficker in Varanasi's red-light area and was facing five criminal cases since 2005, most involving immoral trafficking. The victim (PW1) had specifically identified her role in the crime.
The Bench observed that while High Courts are overburdened, they cannot abandon the "application of mind," especially in heinous crimes involving minors.
"We find that similar orders are being passed without reference to the nature and seriousness of the offence... Even if the High Court is overburdened, it is expected to apply its mind."
The Court reserved its harshest words for the UP Government. It noted a disturbing trend where the State fails to challenge bail orders in trafficking cases, leaving it to private NGOs to fight for justice.
"We are surprised to note that the State has not come forward to seek cancellation of bail in a matter of this nature."
This judgment highlights a systemic failure in bail jurisprudence where "speed of disposal" is prioritized over justice. By calling out "template orders," the Supreme Court has signaled that judicial efficiency cannot come at the cost of child safety. It also places a burden on State prosecutors to be more vigilant; silence in the face of such bail orders effectively amounts to complicity.