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Declining the bail application of an accused in an alleged child prostitution racket, the Allahabad High Court has observed that people who are involved in immoral trafficking activities, cause a deleterious effect on the society as a whole, and that "to control and eradicate this proliferating and booming devastating menace, such persons are not entitled for any sympathy in the criminal justice delivery system".

Statements of victims in the case suggested that all the accused persons in collusion with each other were deeply involved in facilitating a prostitution racket in and from a guest house. The prosecution alleged that the bail applicant/ accused was caught by the police from this guest house along with other co-accused, from where several minor girls/ victims were also recovered.

One of the victims, in her statement under Section 161 CrPC also levelled allegations of forceful sexual intercourse/ rape on her against the applicant and other co-accused.

It was observed by the court that the applicant had knowledge about immoral traffic activities/ prostitution and was wilfully engaged in facilitating the sex trade.

Considering the facts and circumstances of the case and the gravity of the offence and severity of the offence, the court rejected the bail plea.

The Single-Judge Bench of Justice Sanjay Kumar Singh said,

“Prostitution has connotations of criminality and immorality…….in majority cases, the innocent girls/victims get involved in sex trade/prostitution fraudulently, against their wishes, creating an atmosphere of terror by the anti-social elements and on account of their high connections, influences, money and muscle power, generally a common man does not dare to raise voice against them.”

"Court commented that immoral trafficking activities are a very complex and multidimensional phenomenon. Recovery of innocent victims is a long, painstaking and dexterous process; requiring a multidisciplinary approach," it said.

Further observing that though there are various factors behind the increasing trend of immoral activities, the court said that human trafficking and immoral activities are an organized crime and are done adopting different modus-operandi by a group of persons with their different role extending full cooperation to each other for illegal pecuniary benefits and that "hotel and restaurant workers are paid additional amounts in such matters for keeping mum and facilitating sex trade."

Case Title: Akash vs. State of UP
Edited by Shreya Agarwal