Child trafficking case | ‘LGBTQ+ community members vulnerable in jail’: HC grants bail to accused

During the probe, police learnt that the present bail applicant, who is a member of the LGBTQ+ community, wanted to adopt the child and the parents had agreed to sell their child for Rs 4.65 lakh. Nearly Rs. 4.5 lakh was paid to the accused couple and the child was handed over to the bail applicant.

Advocate Wesley Menezes, representing bail applicant submitted that his client belonged to LGBTQ+ community and was vulnerable in society, and him remaining in jail would create complications due to the community he belonged to and the fact that he suffered from HIV and that he had cooperated with the probe as well.

The lawyer sought the applicant’s release on bail and submitted that the applicant and his partner are unable to legally adopt children as per existing laws in India and since they wanted to care for a child, they took possession of the minor in question.

After perusing material on record, the single-judge bench of Justice Manish M Pitale disagreed with applicant’s contention that an offence of section 370 ( punishment for trafficking) was not made out against him as money was not exchanged for the possession of the child.

The bench noted that as per concerned provisions of law when a person is harboured, transferred or received by inducement and giving or receiving payments, the offence can be said to have been committed. The bench noted that the applicant was in judicial custody and the amounts in question were recovered during the probe.

“This Court is of the opinion that a person belonging to the LGBTQ+ community, who is also HIV positive, can be said to be a person belonging to a category of persons, who are indeed vulnerable, particularly within the four corners of a jail. There are no criminal antecedents of the applicant and therefore, this Court is inclined to favourably consider the present bail application,” Justice Pitale noted. The court directed the applicant be released on furnishing personal bond of Rs. 50, 000 along with sureties of the same amount among other conditions and disposed of the plea.