Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Matter No. 1936/2024
State Vs. Shamser @ Shamser Ansari
FIR No. 29/2024
PS Anand Vihar Railway Station
U/s 143(1) BNS
23.10.2024
This is 1st application u/s 483 BNSS for grant of
regular bail moved on behalf of applicant/accused Shamser @
Shamser @ Shamser Ansari.
Present:- Sh. Sobit, Ld. Additional PP for the State.
Sh. Nadeem Qureshi, Ld. Counsel for applicant/
accused Shamser @ Shamser Ansari.
IO/SI Jaipal Singh in person.
ORDER
1. It is argued by Ld. counsel for applicant/accused that
he is in JC since 23.09.2024 and he has been falsely implicated
by the police official in connivance of NGO “Bachpan Bachao
Andolan”, but the applicant/accused is not having any
involvement in the present case. He is the relative/cousin of one
Khurshid Ansari, who is the resident of Beri Wala Bagh, Azad
Market, Delhi, who informed that his brother-in-law (sadu)
Sarvar Hussain’s son namely 'A' was willing to visit Delhi to
meet his uncle Khurshid and explore Delhi. It is further
submitted that on the request of Khurshid, the family members of
child accompanied the child namely 'A' with him on train bearing
no. 128763 Jharkhand Swarna Jayanti Express.
2. It is further submitted that on 28.08.2024, the NGO
official raided the train and falsely apprehended the applicant/
accused while he continuously told them that the child was his
relative and he came to visit his uncle and Delhi only and not for
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any other thing or work. However, the NGO officials and police
personnel were adamant and implicated him in the present case.
After the discussion with above Khurshid and the father of the
child namely Sarvar Hussein, the NGO officials and police
personnel were not ready to release the child and the
applicant/accused due to being adamant. Thereafter, the above
named child was sent to Mukti Ashram and the police officials
released the applicant with directions to appear before police as
and when called in police station and the accused followed their
directions time to time and he visited PS whenever the police
called him and co-operated in the proceedings. However, on
22.09.2024, the police called the accused and when he reached
the PS, they arrested him and since then, he is in JC without any
fault. It is further submitted that applicant/accused has no
previous criminal antecedents and there is no chances of his
fleeing or absconding and he belongs to a respected family and
having deep roots in the society and nothing has to be recovered
from his possession and no custodial interrogation is required and
there is no threat to the victim or his family and no fruitful
purpose would be served by keeping the accused behind the bars.
3. Ld. APP for the State has opposed the bail
application on the ground of gravity of offence and that accused
has deliberately trafficked the minor child from his native place
to Delhi and the investigation is still continuing and charge-sheet
has not been filed and the child in his statement u/s 183 BNSS
has levelled allegations against the applicant/accused.
4. IO has filed a reply and opposed the bail application.
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5. I have heard the rival contentions of the bail
application and perused the record.
6. As per the case of prosecution, the ‘Bachpan Bachao
Aandolan’ NGO and CWC had raided the train at Anand Vihar
Railway Station and rescued the minor children and
applicant/accused was carrying a minor child ‘A’ male, aged 12
years with him. The children were placed at Sanskar Ashram for
boys and produced before the Welfare Officer and child ‘A’ was
brought to Delhi for working in the factories in Kasawpura, Delhi
by the applicant/accused, which has been mentioned in the order
of CWC dated 30.08.2024. Ld. Counsel for the accused has
submitted that accused was arrested after a long time since the
said raid on the train and there is no justification to the same, but
IO has submitted that the statement of the victim was recorded
u/s 183 BNSS on 21.09.2024. Victim boy ‘A’ alleged that
applicant/accused had brought him to Delhi from his native
village for working in factory at Delhi for a sum of Rs. 8,000/-
and it is clear that he had enticed the minor boy on the said
pretext, which comes under the definition of Child Trafficking as
defined in Section 143 BNS and IO submits that he will also
explore the addition of Sections of JJ Act. The maximum
punishment prescribed for the offence of trafficking of child is
imprisonment for life. The investigation is continuing and
charge-sheet has not been filed. The applicant/accused may
influence the investigation and there are chances that he may
flee.
7. Considering the above facts and circumstances of
the case, the regular bail application of applicant/accused
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Shamser @ Shamser Ansari is hereby dismissed.
The bail application is accordingly disposed of.
Copy of this order be sent to Jail superintendent
concerned, IO/SHO concerned and be given dasti to Ld. counsel
for accused.
(Kumar Rajat)
ASJ-07/SHD/KKD Courts/Delhi
23.10.2024
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