‘Sorry state of affairs’: Delhi High Court slams state, grants bail to single mother linked to illegal adoption gang
The Delhi High Court was hearing the bail application of a woman who was allegedly linked with an illegal adoption gang and illegally arranged for the adoption of a girl child to a couple.
Slamming the investigating officer and the prosecution for their failure to point out any incriminating evidence, the Delhi High Court termed it a “sorry state of affairs” and granted bail to a woman linked to an illegal adoption gang, taking into account that she had been in custody for nearly a year and is a single mother to a six-year-old child.
Justice Girish Kathpalia was hearing the bail plea of Deepika, who was charged under the IPC and the Juvenile Justice Act and had earlier been granted interim bail but surrendered thereafter, albeit belatedly.
“This is yet another case of an extreme sorry state of affairs where neither the learned prosecutor nor the investigation officer, SI Ashok, is prepared with the brief,” the Delhi High Court said in its March 28 order.
Justice Girish Kathpalia was hearing the bail application of a woman who was linked with an illegal adoption gang.
‘Raid, arrest of accused’
The prosecution’s case is that on the basis of secret information, a raid was conducted, in which a gang involved in the illegal giving of children in adoption was unearthed.
In the subsequent detailed investigation, across various individuals, the investigating officer reached the doorstep of the present accused, against whom the allegation is that she illegally arranged for the adoption of a girl child to a couple.
It was placed on record that the adopted child has been recovered.
Keeping in mind the old pendency of this application, the Delhi High Court found no reason to adjourn the case.
Despite taking substantial time, neither the investigating officer nor the prosecutor can point out any incriminating evidence against the accused.
The Delhi High Court also pointed out that it appears that the state has no serious objection if the accused is released on bail.
Considering the factors of being a single mother to a six-year-old, the bail application is allowed.
The accused is directed to be released on bail, subject to her furnishing a personal bond of Rs 10,000 with one surety in the like amount to the satisfaction of the trial court.
The Delhi High Court noted that the bail application came up for the first hearing on September 26, 2024, before the predecessor bench and thereafter continued getting adjourned before different benches.
It was further placed on record that one of the predecessor benches even granted interim bail to the accused, and after availing the same, she surrendered, though belatedly.
Appearing for the petitioner, advocate Shrikant Sharma argued his client has been in jail since April 17, 2024, and to date, the trial has not concluded.
It is further submitted that the accused has a six-year-old daughter who is being brought up by the accused as a single mother.
It is also disclosed by counsel for the accused that to date, only 20 out of 48 prosecution witnesses have been examined.
It was noted by the court that the assistant public prosecutor Raghvinder Varma has no serious objection to the grant of bail to the accused.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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Justice Girish Kathpalia was hearing the bail application of a woman who was linked with an illegal adoption gang.