Prosecution story in short was that on 11.11.2018 social worker reported at Police Station, Kotwali, Alirajpur regarding trafficking of children being carried out by one Shailendra Singh Rathore.The Police thereafter deputed decoy in order to apprehend the concerned.The deputed punter approached Shailendra Singh Rathore and gave him pre-marked currency for purchasing child.Shailendra Singh Rathore was then caught giving child to the decoy witnesses in presence of four other co-accused persons viz. Devisingh, Dines, Baisingh and Rinku.P.C seeking bail in connection with crime No.389/18 registered at Police Station Alirajpur, district Alirajpur for the offence punishable under sections 363, 370, 34, 120(b), 420, 467 & 468 of the IPC and under section 81 of the Juvenile Justice Act.The case was registered and during investigation, it was found that one Dr.A.Raju, running Kesar Surgical and Maternity Hospital at Chhota Digitally signed by Hari Kumar Nair Date: 20/03/2019 15:50:49 2 Udaipur, Gurarat was involved along with his staff in selling children.After investigation charge sheet has been filed under sections 360, 370, 363/34, 120-B, 420, 467 & 468 of IPC along with section 81 of the Juvenile Justice Act.The allegation against the applicant Sayrabanu, who is Nurse in the hospital of Dr.A.Raju is that she had sold child to one Samdani Memon and had been given Rs.4000/- as commission.Learned counsel for the applicant Shri Dave submits that memorandum of Sayrabanu was recorded on 20.11.18 at 12.40 P.M, however, even prior to that memorandum of Dr.A.Raju was recorded concerning the same subject matter on 20.11.18 only at 7.15 A.M and recovery of child was made at 1.05 P.M on 20.11.2018, therefore, it cannot be stated that recovery of child was made on the basis of memo of Sayrabanu.Learned counsel submits that thus there is no discovery on the basis of memorandum of Sayrabanu.It is also stated that no recovery of any money was also made from the applicant.There are other connected matters along with this matter.It is also submitted that kids which were allegedly traded were such kids as were born out of illicit relationships and were given away by their mothers as they were unable and un-inclined to rear them up.Such children were being reared by person acquiring them as their own children and they were not subjected to any kind of abuse.Per contra, learned counsel for the State has submitted that children were being sold of like commodities against the provisions of law and such illegal practice had thrown the door open to exploitation of children as there was no means of supervising as to whether children are being exploited or not and their interests are being served or not.Case diary was perused and arguments were considered.Prima facie, it appears that children were being traded like commodity but it does not appear that they were being sold for exploiting them.All those persons who have bought the children have been shown to be bringing them up in normal manner and some of the purchasers have even demanded custody of the children.There is substance in the submission that there is no evidence to suspect trafficking of children since there is no evidence regarding trading of children for exploitation.The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent local surety of the like amount to the satisfaction of the trial court for her regular appearance before the trial court during trial with a condition that she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3)C.c as per rules.(SHAILENDRA SHUKLA) JUDGE hk/ Digitally signed by Hari Kumar Nair Date: 20/03/2019 15:50:49

Sections cited: Section 34 in The Indian Penal Code, Section 467 in The Indian Penal Code, Section 363 in The Indian Penal Code, Section 420 in The Indian Penal Code, Section 468 in The Indian Penal Code, Section 120B in The Indian Penal Code, Section 120 in The Indian Penal Code