Srinagar: The High Court of J&K and Ladakh on Monday granted an anticipatory bail to a man accused of illegally trafficking young boys and girls on the pretext of providing them employment in Jammu and Kashmir region.
The Court of Sanjay Dhar issued notice to the government authorities to file their response in the matter while admitting the accused to bail till next date of hearing.
“In the meanwhile, till next date of hearing and subject to the objections from the other side, the petitioner(Irfan Mirza)in the event of his arrest in connection to the FIR No. 01/2025 for commission of offence under Section 143 Bharatiya Nyaya Sanhita(BNS) registered with Police Station Anti Human Trafficking, Srinagar shall be released on interim anticipatory bail,” court said.
Section 143 (BNS) deals with illegal human trafficking and whosoever commits the offence of forceful, violent, deceitful and exploitative ways to lure a person into illegal trafficking shall be punished with not less than seven years of imprisonment with fine.
The court admitted the petitioner to bail subject to the following conditions:
“That he shall furnish bail bonds in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Investigating Officer concerned and he shall appear before the Investigating agency, as and when required for the purpose of investigation of the case.”
The Court also said that he shall not tamper with the prosecution evidence and shall not leave the territorial limits of Jammu and Kashmir, without permission of the Investigating Officer.
As per the contents of the FIR, petitioner, Irfan Mirza and co-accused namely, Ashfaq Ahmad Naqati were said to be running a placement service under the name and style of M/s Secure Vision Consultancy and Placement Service which is registered under Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
They are alleged that they are illegally trafficking major and minor boys and girls from other parts of the country with a view to exploit them by making them to work as laborers in the Union Territory of Jammu and Kashmir.
It was submitted by petitioner counsel before court that the placement agency which is mentioned in the FIR is owned by co-accused- Ashfaq Ahmad Naqati and the petitioner is only an employee of the said Placement Agency.
It was further submitted that the co-accused-Ashfaq Ahmad Naqati has been enlarged on bail by learned Chief Judicial Magistrate, Srinagar in terms of Order dated 18 June, 2025 but the 3rd Additional Sessions Judge,Srinagar inspite of this, has proceeded to reject the bail application of the petitioner by virtue of order dated 28 June 2025.
It has been further submitted that the petitioner has not brought any minor boy or girl in an illegal manner for the purpose of providing them employment in the Union Territory of Jammu and Kashmir and that the allegations in this regard are baseless.
The court while admitting the accused to bail directed for listing of the case on 28 July, 2025 for next hearing.
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