Child trafficking case | 'LGBTQ+ community members vulnerable in jail': HC grants bail to accused | Mumbai News

During investigation, police learned that the current bail applicant, who is a member of the LGBTQ+ community, wanted to adopt the child and the parents had agreed to sell their child for Rs 4.65 lakhs Rs. Nearly Rs 4.5 lakhs were paid to the accused couple and the child was handed over to the bail applicant.

Attorney Wesley Menezes, representing the bail applicant, argued that his client belonged to the LGBTQ+ community and was vulnerable in society, and that his continued imprisonment would create complications due to the community to which he belonged and the fact that he was suffering from HIV and had also cooperated with the investigation.

The counsel sought bail of the petitioner and submitted that the petitioner and his partner are not in a position to legally adopt children as per the laws in force in India and as they wanted to take care of a child, they took possession of the minor in question.

After going through the materials placed on record, Single Judge Manish M Pitale rejected the applicant's contention that an offense under Section 370 (punishment for trafficking) was not held against him as the money was not had not been exchanged for possession of the child.

The court noted that as per the relevant provisions of the law, where a person is harboured, transferred or received by inducement and he gives or receives payments, the offence can be considered to have been committed. The bench noted that the applicant was in police custody and the amounts in question had been recovered during the investigation.

“This Court is of the opinion that a person belonging to the LGBTQ+ community, who is also HIV positive, can be considered as a person belonging to a category of people who are actually vulnerable, particularly in the four corners of a prison. There is no criminal antecedent of the applicant and therefore, this Court is inclined to consider favorably the present application for bail,” Justice Pitale noted. The court ordered that the petitioner be released subject to furnishing of a personal bond of Rs. 50,000 along with sureties of the same amount among other conditions and disposed of the plea.