Criminal Procedure Code, 1973
Section 439—Bail—Human trafficking—FIR registered under Section 370 read with Section 34 of IPC and Sections 80 & 81 of the Juvenile Justice (Care and Protection of Children) Act—Ingredients of offence under Section 370 of IPC are prima facie made out—A person belonging to the LGBTQ + community, who is also HIV positive, can be said to be a person belonging to a category of persons, who are indeed vulnerable, particularly within the four corners of a jail—Applicant has remained behind bars more than a month and he is in judicial custody—There is no criminal antecedents of applicant—Bail granted.
[Paras 7 to 12]
Decision : Application allowed