Mumbai, March 14, 2024 – The Sessions Court for Greater Bombay has granted bail to Sanobar Adnan Chiplunkar, accused in a human trafficking case. Additional Sessions Judge Rajesh A. Sasne, presiding over Court Room No. 30, allowed Chiplunkar’s bail application (Criminal Bail Application No. 567 of 2024), citing the completion of the investigation and the filing of the charge sheet.

Chiplunkar was arrested in connection with C.R. No. 72/2023 (corresponding to C.R. No. 904/2023 of D.N. Nagar Police Station), registered with DCB CID Unit IX, for offenses under sections 370(4) and 370(5) (trafficking of persons) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and section 81 (exploitation of a child employee) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The Allegations and FIR:

According to the prosecution, the complainant, Rubina Khan, discovered that her brother Shabbir Khan and his wife Saniya had sold two of their children, a son named Hussain and a newborn baby girl, due to their drug addiction and financial difficulties. The baby girl was allegedly sold for ₹14,000 to accused Shakil Makrani. Further investigation revealed a network involving the sale and purchase of minor children, including the sale of a one-year-old daughter by accused Balkrishna Kamble. Chiplunkar, along with other accused, was implicated in the purchase of a boy named Ali.

Defense Arguments:

Chiplunkar, through her advocate Roshni Singh, argued that she was innocent and falsely implicated. She highlighted that she had undergone custodial interrogation, the investigation was complete, the charge sheet was filed, and she had no criminal antecedents. She emphasized that she was a permanent resident and argued that there was no point in keeping her in custody until the conclusion of the trial.

Prosecution’s Objections:

The prosecution, represented by APP Iqbal Solkar, opposed the bail application. They argued that Chiplunkar’s release would affect the collection of evidence, pose a flight risk, and lead to witness tampering.

Court’s Analysis and Decision:

Judge Sasne, after reviewing the record and hearing arguments, made the following observations:

• Completion of Investigation: The court noted that the investigation was complete and the charge sheet had been filed.
• Length of Custody: The court considered that Chiplunkar had been in custody since November 29, 2023.
• Role Attributed: The court acknowledged the role attributed to Chiplunkar in the sale and purchase of a child.
• Trial Timeline: The court recognized that the trial would take time to conclude.
• Conditions for Presence: The court stated that imposing reasonable conditions would secure Chiplunkar’s presence.

Judge Sasne concluded that Chiplunkar was entitled to bail.

Conditions of Bail:

The court granted Chiplunkar bail on the following conditions:

• She must furnish a Personal Bond (P.B.) and Surety Bond (S.B.) of ₹25,000 with one or two sureties.
• She must not tamper with the prosecution evidence.
• She must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• She must not tamper with prosecution witnesses and evidence.
• She must regularly attend the court hearings, unless exempted.
• Provisional cash bail of the same amount was allowed, with the condition that she must furnish surety within four weeks, failing which the cash bail would be forfeited.
• She must not leave India without prior permission from the court.
• Bail must be furnished before the concerned Magistrate.

Significance of the Order:

This order highlights the court’s emphasis on:

• Completion of Investigation: The court considered the completion of the investigation and the filing of the charge sheet as a significant factor in granting bail.
• Length of Custody: The court considered the length of the accused’s detention.
• Conditions to Ensure Compliance: The court imposed stringent conditions to ensure the accused’s presence and prevent any interference with the investigation.
• Balancing Rights and Interests: The court balanced the rights of the accused with the interests of justice by granting bail subject to conditions.

This ruling demonstrates the court’s approach in considering bail applications in serious offenses like human trafficking, particularly when the investigation is complete and conditions can be imposed to mitigate potential risks.