PINKI versus STATE OF UTTAR PRADESH AND ANR.

Citation: [2025] 5 S.C.R. 522 · Decided: 14-04-2025 · Supreme Court of India · Bench: J.B. PARDIWALA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 5 S.C.R. 522 : 2025 INSC 482
Pinki 
v. 
State of Uttar Pradesh and Anr.
(Criminal Appeal No. 1927 of 2025)
15 April 2025
[J.B. Pardiwala* and R. Mahadevan, JJ.]
Issue for Consideration
Whether the High Court erred in passing various orders granting 
bail to accused persons in matters involving offences of serious 
nature of child trafficking.
Headnotes†
Bail – Cancellation of – Penal Code, 1860 – ss.363, 311, 
370(5)  – Kidnapping; Child trafficking – Interstate child-
trafficking rackets – High Court granted bail to 13 accused 
persons allegedly involved in such cases involving interstate 
trafficking of minor children on a large scale – Challenge to, 
by the victims of the crime, the kith and kin of the children 
trafficked:
Held: High Court while releasing the accused persons on bail 
took into consideration the aspects like the accused were not 
named in the FIR; names of the accused were disclosed by a 
co-accused; victim was not recovered from the custody of the 
accused; similarly situated co-accused were granted bail; no 
material evidence regarding tampering of evidence or intimidating 
of witness in previous criminal cases; bail is a rule, jail is an 
exception – Considering the serious nature of the crime and the 
modus operandi adopted by the accused persons, the High Court 
should not have exercised its discretion in favour of the accused 
persons – High Court dealt with all the bail applications in a very 
callous manner which ultimately paved way for many accused 
persons to abscond putting the trial in jeopardy – The true test 
to ascertain whether discretion has been judiciously exercised or 
not is to see whether the court has been able to strike a balance 
between the personal liberty of the accused and the interest of the 
State, in other words, the societal interests – Impugned bail orders 
* Author
[2025] 5 S.C.R. 
523
Pinki v. State of Uttar Pradesh and Anr.
passed by the High Court set aside – Conduct of the State in not 
challenging the orders of bail, deprecated – Accused persons to 
surrender before the committal court which shall remand them 
to judicial custody – Further directions issued to the trial court, 
State Government – Right of Children to Free and Compulsory 
Education Act, 2009 – Bharatiya Nagarik Suraksha Sanhita, 2023. 
[Paras 38, 67, 68, 78, 79]
Directions by Supreme Court – Pending trials relating to child 
trafficking, to be completed within six months:
Held: High Courts to call for the necessary information as regards 
the status of the pending trials relating to child trafficking – Once 
each of the High Court collects the necessary data as regards the 
status of the trials, a circular be issued on administrative side to all 
the concerned trial courts to complete the trials within six months 
from the date of the circular and if need be, by conducting the trials 
on day-to-day basis – Each of the High Courts to forward a report 
to this Court as regards the compliance of the directions contained 
in the circular – Non-compliance of directions or any laxity of any 
nature in that regard on the part of any of the authorities shall be 
viewed very strictly and if need be, they shall be proceeded for 
contempt. [Para 81 (l), (m)]
Bail – Constitution of India – Article 21 – Principles for grant 
of bail in cases of serious nature vis-à-vis cancellation 
of bail because of supervening circumstances/bail order 
being perverse or based on irrelevant considerations; non-
consideration of relevant factors – Distinction – Individual 
liberty vis-à-vis larger social interest – Discussed – Concept 
of liberty is not in the realm of absolutism but is a restricted 
one. [Paras 53-60, 62-64]
Directions by Supreme Court – Child trafficking – Directions 
issued to State Governments to implement the recommendations 
of Bharatiya Institute of Research and Development (BIRD) 
made in its report on Human Trafficking:
Held: All the State Governments across the country directed to look 
into the report of BIRD dated 12.04.2023 on Human Trafficking more 
particularly the recommendations, on effective law enforcement 
and prosecution – All the State Governments directed to study 
524
[2025] 5 S.C.R.
Supreme Court Reports
the entire report and implement each of the recommendations by 
working out appropriate modalities in that regard. [Para 81 (j), (k)]
Trafficking of newborns from hospitals – Suspension of licence 
of the hospital:
Held: If any newborn infant is trafficked from any hosp

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