Bail may be denied in serious cases of human trafficking and illegal immigration where there is a significant risk of the accused fleeing the jurisdiction or intimidating witnesses, notwithstanding the duration of judicial custody.

Order

These three criminal appeals have been filed by the accused-appellants against the orders dated 12.11.2025, 08.10.2024 and 07.11.2024 passed by the learned Special Judge (N.I.A. Cases), Rajasthan Jaipur, (hereinafter to be referred as “the learned Trial Court”) in bail application Nos. 78/2025, 53/2024 and 65/2024 respectively arising out of FIR No. RC/01/2023/NIA/Jaipur registered at Police Station NIA, Jaipur, whereby the learned Trial Court dismissed the bail applications filed by the accused-appellants.

Learned counsel for the appellants submits that the accused-appellants have been falsely implicated in this matter. He further submits that the statement of protected witnesses have already been recorded by the learned trial Court. The appellants are in judicial custody for the past more than two years and conclusion of trial may take long time, so, they be enlarged on bail.

Learned Special Public Prosecutor has opposed the submissions advanced by counsel for the appellants and submits that the allegations levelled against the accused-appellants are that they, without any valid passport, illegally imported Rohingya origin girls by deceiving them to solemnize their marriage and thereafter sold them. He further submits that the accused-appellants are the residents of Myanmar and in the event they are released on bail, there is every likelihood of threatening the victims/complainant and they may flee away from India. He further submits the statement of material witnesses and victims/complainant are yet to be recorded, therefore, bail should not be granted to the accused-appellants.

Taking into consideration the facts and circumstances of the case, statement of protected witnesses and the seriousness of allegations levelled against the accused-appellants, we do not deem it just and proper to allow these appeals.

The criminal appeals filed by the accused-appellants are dismissed accordingly.

Registry is directed to place a copy of this order in each connected file.