The Apex Court has granted bail to a tribal woman accused of human trafficking on the ground that despite a lapse of almost 2 years her trial has not commenced & said she can't be kept in confinement indefinitely.
A Bench of CJI NV Ramana, Justices Surya Kant, & Hima Kohli granted bail to Drabhamon Phawa, a 21-year old woman from Meghalaya, who was accused of human trafficking.
The Order has said that "Having heard counsel for the parties & taking into consideration the fact that the petitioner has suffered incarceration for a period of 18 months & has also delivered child during custody, we deem it to be a fit case to grant her bail. The petitioner is, accordingly, directed to be enlarged on bail on terms & conditions to be imposed by the trial court. The special leave petitions stand disposed of accordingly".
Drabhamon Phawa was pregnant at the time of her arrest & had been in jail since Feb 2020. She delivered a child in jail.
Senior advocate Salman Khurshid & advocate TK Nayak, representing the woman, told the Supreme Court that she herself was harbored into Delhi on the pretext of a dignified job & thereafter ruthlessly forced into flesh trade therefore, she is also the victim of the prostitution racket.
It was further submitted that Phawa was pregnant at the time of her arrest & had undergone the entire period of pregnancy within prison confinement. Since then, Phawa has delivered a child who is also in jail with her.
The Additional Solicitor General Aishwarya Bhati appearing for the Delhi government vehemently opposed Phawa's petition on the grounds of "severity & seriousness of offenses" alleged against her.
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