HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13177 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.03 of 2025, under Section 143(5) of B.N.S., 2023, Police Station- Anti-Human Trafficking Unit, District- Varanasi. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The allegation against the applicant is of trafficking children, however, the children in their statements have not stated anything about the applicant purchasing or inducing the children on false promises or their guardians into obtaining the consent of taking away the children. The applicant is a relative of some of the children, who were being taken as per their statements to Punjab for harvesting potatoes for Rs.15,000/- per month. The applicant has no criminal history. The applicant is in jail since 17.12.2025. 4. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail and has contended that the applicant and the co-accused Dalim Shaikh, were arrested by the Anti Human Trafficking Unit. They were in possession of seven minor children who were being trafficked. The Learned A.G.A., however, has not been able to show that the applicant had used threats, force, coercion, deception or practised fraud on the children or their guardians. Versus Counsel for Applicant(s) : Neha Rajput, Parmeshwar Kumar Counsel for Opposite Party(s) : G.A. Mithun Rikasan .....Applicant(s) State of U.P. .....Opposite Party(s) 5. I have considered the submissions made by the Learned counsels for the parties and perused the record. 6. There is no allegation of abducting the children nor of giving any inducement including the giving or receiving of payments of benefits to achieve the consent of any person having control over the children. The applicant is said to be a relative of some of the minors, who were supposedly recovered. The allegation against the applicant is of transporting the children to Punjab for getting them employment in harvesting of potatoes @ Rs.15,000/- per month. It has not come in the police investigation that the children were being trafficked for the purposes of 'exploitation' as defined under Section 143 of the BNS, 2023. The applicant is in jail since 17.12.2025 having no criminal antecedents. 7. Taking into account the entire facts and circumstances of the case especially the statements of the children, which were being supposedly trafficked by the applicant, I deem it fit to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant- Mithun Rikasan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable heavy sureties and one local surety as the applicant is a resident of Bihar, each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court BAIL No. 13177 of 2026 2 below will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. May 7, 2026 Sachin BAIL No. 13177 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad