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HC denies bail in 'dunki route' case; says Punjab youth being duped

Rejecting the plea for anticipatory bail, the Bench concluded that the powers under BNSS were to be exercised in extraordinary and sparing circumstances

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In a hard-hitting observation on the rising menace of human trafficking rackets exploiting Punjab’s youth, the Punjab and Haryana High Court has asserted that several youths on a daily basis are being duped of their money and victimised on the pretext of sending them abroad. The assertion came as Justice Manisha Batra dismissed a pre-arrest bail plea in a case involving the alleged illegal trafficking of a young man, who later died in the Ukraine war.

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“For conducting a thorough and proper investigation in the matter, custodial interrogation of the petitioner is a must. In case his custodial interrogation is denied to the investigating agency, that will leave many glaring loopholes and gaps thereby adversely affecting the investigation,” Justice Batra asserted.

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The case registered on September 27 under the provisions of the Bharatiya Nyaya Sanhita and the Immigration Act at Siwan police station in Kaithal district has its genesis in a complaint lodged by a woman alleging that the accused induced her family to pay Rs 8.10 lakh on the promise of sending her brother to Germany.

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“He took the amount from them and sent him to Russia through an illegal route/dunki route, where he was forced to join the war,” the Bench was told.

The family’s ordeal deepened when they received a message through the Telegram app informing them that the victim had died. “The messenger had asked them to send money if the body of her brother was required, otherwise, the same was to be cremated there”.

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Holding the allegations as “serious in nature,” the Bench asserted: “The petitioner is alleged to have induced the brother of the complainant on the pretext of sending him to Germany and, after receiving a huge amount of money from him, sent him to Russia on a tourist visa, further assuring that the victim would be sent to Germany though no valid visa was got issued in his favour for that country.”

Rejecting the plea for anticipatory bail, the Bench concluded that the powers under BNSS were to be exercised in extraordinary and sparing circumstances. “In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this court are existing. As such, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed”.

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