The absence of concrete evidence of trafficking in a bail application led to the granting of bail, despite serious allegations.

ORDER :-

1. The applicant seeks bail in connection with Crime No. 151 of 2023 registered with Jawahar Nagar Police station, Dist. Aurangabad for the offences punishable under Sections 370 , 317 r/w. 34 of IPC and under Sections 80 , 81 and 87 of the Juvenile Justice (Protection and Care of Child) Act, 2015.

2. The investigation was set in motion on the basis of information given by Anita Dyandeo Fasate, who is deputed as Police Sub Inspector, Damini Squad, Chatrapati Sambhani Nagar. She alleges that on 20.6.2023, secret information was received that an infant is put to sell at Jijamata Balak Ashram (Orphanage). Accordingly, police party raided the said place. The accused who was found on spotintroduced himself to be the Manager of the orphanage. On search, the infant was seen and accused No.2 – wife of the applicant/accused was found taking care of the infant. When accused/applicant was interrogated regarding parents of the infant, he told name of mother is Anita Sable and she had voluntarily kept the child with them for the purpose of giving in adoption. However, the applicant/accused could not produce evidence to indicate that accused Sunita is mother of the infant. It is further alleged that while the panchanama was being prepared, witness Pradip Daga and his wife Samata Daga arrived at the orphanage and told that the applicant/accused had assured them to make available the infant for adoption and demanded an amount of Rs. 5 Lakhs for that purpose. It is further alleged that applicant/accused was not authorized to admit any infant/child in his orphanage or authorized to provide for adoption. It is accordingly alleged that the applicant/accused and his wife, mother of the infant and her brother, had prepared a plan for illegal trafficking of infant/child, which constitutes an offence under Section 370 of IPC , so also, sections 80, 81 and 87 of the Juvenile Justice (Protection and Care of Child) Act. 2015.

3. On the basis of such information, Crime No. 151 of 2023 came to be registered with Jawahar Nagar police Station at Aurangabad against in all 4 accused persons. The applicant has been arrested on 26.6.2023. Since then, he is behind bars. His plea for grant of bail has been rejected by the trial court. After completion of investigation, charge sheet has been filed. Even successive application of the applicant for grant of bail after filing the charge came to be rejected. Hence, the present application.

4. Mr. Rajendra Deshmukh, learned senior counsel appering for the applicant would submit that the applicant runs the orphanage which is duly registered with the concerned authorities. He would submit that there is no evidence to indicate that the authority of the orphanage is misused. He would submit that false allegations are made against the applicant in connivance with the owner of the premises where the orphanage is being run. He would further submit that the husband of accused No.1 has been expired. She had conceived pregnancy out of illicit relations. Therefore, she wanted to give the child born out of such relationship in adoption and kept the child with the orphanage of the applicant. He would submit that neither it is case of illegal trafficking nor there was payment of any money. Pradip Daga, who is friend of the owner of the premises has falsely implicated the applicant. The learned Senior Counsel would further submit that investigation in the matter is complete. Charge sheet is filed. The offences alleged are punishable with sentence less than 10 years. Further detention of the applicant would not be necessary.

5. The learned APP str