Using Children As 'Weapons' To Commit Crimes A Growing Menace: Delhi High Court Denies Anticipatory Bail In Trafficking Case
The Delhi High Court denied anticipatory bail to a woman accused of trafficking and using a minor child for the purpose of carrying out illicit liquor trade, observing that the exploitation of children as instruments to commit crimes has become a growing menace.
“Grant of anticipatory bail in such cases where a child is exploited in commission of crimes would send very wrong signals across the society. In the recent past, exploitation of children in commission of crimes is increasing day by day; children are now being often used as a weapon by the hardened criminals to escape penal action,” Justice Girish Kathpalia observed.
Petitioner was booked under provisions relating to child trafficking and offences connected with the illegal liquor business under Delhi Excise Act 2009, Juvenile Justice Act 2015 and BNS 2023. She argued that the only role attributed to her was bringing the child to Delhi and there was nothing to suggest that she brought him to Delhi for sale of illicit liquor.
Prosecution on the other hand argued that she was actively involved in the illicit liquor sale racket and even received money in the process.
After hearing the parties, the High Court remarked that seriousness of the alleged crime has to be kept in mind.
It added that parameters for considering an anticipatory bail are narrower than those required to be considered for regular bail.
The Court also took into account Petitioner's criminal antecedents and held that custodial interrogation is necessary in order to unearth if more children in similar fashion have been trafficked by her.
As such, it dismissed the plea.
Appearance: Mr. Kedar Yadav and Sanya Verma, Advocates for Petitioner; Mr. Sanjeev Sabharwal, APP for State with SI Rahul Rathi and ASI Ramkesh Gahlot, PS Sangam Vihar for Respondent
Case title: Savitri v. State
Case no.: BAIL APPLN. 493/2026