Overview
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Pinki vs State of Uttar Pradesh 2025 case was in the spotlight because of the shocking scale of child trafficking, involvement of organized criminal networks and systemic delays in the legal process. The bail was granted to several accused by the Allahabad High Court, despite the severity of the charges, drew criticism when many of them absconded. The intervention of the Apex Court brought attention to the urgent need for expedited trials and stricter accountability in handling child trafficking cases. Discover more in-depth analyses of important Supreme Court decisions by exploring Recent Judgements of Supreme Court.
Case Overview |
|
Case Title |
Pinki vs State of Uttar Pradesh |
Citation |
2025 INSC 428 |
Date of the Judgment |
15th April 2025 |
Bench |
Justice JB Pardiwala and R. Mahadevan |
Petitioner |
Pinki |
Respondent |
State of Uttar Pradesh |
Legal Provisions Involved |
Article 21 of Indian Constitution, Section 370 and Section 370A of Indian Penal Code |
The case of Pinki vs State of Uttar Pradesh 2025 revolves around a major interstate child trafficking racket exposed in Varanasi, Uttar Pradesh. The vulnerable children from impoverished families were abducted and sold for illegal adoptions across various states. The case gained attention due to its grave nature, involvement of multiple accused and procedural delays that obstructed justice.
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The case at hand centres around a deeply disturbing interstate child trafficking racket uncovered in Varanasi. The children belonging to vulnerable and impoverished backgrounds were kidnapped and sold across states for illegal adoption. The case was brought before the Supreme Court after the Allahabad High Court granted bail to multiple accused, many of whom absconded, severely hampering the investigation and trial. The following are the facts of Pinki vs State of Uttar Pradesh -
The case arose from the exposure of a major interstate child trafficking racket operating in Varanasi, Uttar Pradesh. Multiple FIRs were registered across different police stations. These FIRs invoked serious charges under Section 363, Section 311 and Section 370(5) of Indian Penal Code.
The victims were children from extremely poor families, abducted while sleeping with their parents on streets and pavements. Two specific victims, a four-year-old boy named Rohit and a one-year-old girl named Mohini were among those trafficked. The abducted children were sold to childless couples across states like Rajasthan, Bihar and Jharkhand, for amounts ranging from Rs. 40,000 to Rs. 10 lakhs.
The trafficking operation was highly organized. Some individuals were directly involved in kidnapping the children, others handled transportation across state borders and a few acted as agents brokering illegal adoptions. One accused, Manish Jain, was identified as a kingpin while others such as Santosh Sao and Jagveer Baranwal were active participants in the racket.
Despite the serious nature of the offences, the Allahabad High Court granted bail to 13 accused persons. The families of the victims challenged these bail orders through Special Leave Petitions filed before the Supreme Court. Post-release, several accused absconded which complicated the investigation and stalled trial proceedings.
The chargesheets were submitted before the Special Chief Judicial Magistrate, Additional Chief Judicial Magistrate Court No. 5 and the Chief Judicial Magistrate in Varanasi, the cases remained pending and had not yet been committed to the Sessions Court. This procedural delay further obstructed justice.
In a key breakthrough, on 20th March, 2025, one of the trafficked children was rescued from the custody of accused Anil Prasad Baranwal in Kolkata, West Bengal. This recovery was facilitated through the direct intervention of the Supreme Court.
The following issues were also addressed in Pinki vs State of Uttar Pradesh 2025:
Article 21 of Indian Constitution and Section 370 and Section 370A of Indian Penal Code played an important role in Pinki vs State of Uttar Pradesh 2025. The following are analysis of these provisions:
Article 21 under Part III of Indian Constitution states no person can be deprived of life or personal liberty except in accordance with procedure established by law.
On 15th April, 2025, in a landmark move, the Supreme Court of India in Pinki vs State of Uttar Pradesh cancelled the bail of all accused in a major child trafficking case and issued several directions aimed at reforming the systemic handling of such cases across India. A 2-Judge Bench comprising Justice JB Pardiwala and Justice R. Mahadevan laid down urgent measures with specific emphasis on expedited trials and implementation of expert recommendations from the Bharatiya Institute of Research and Development (BIRD) report dated 12th April, 2023.
The Supreme Court issued following directions to ensure expedited justice in cases of child trafficking and strict enforcement of earlier guidelines. The directions aim to enhance judicial accountability and ensure timely trials. The guidelines are as follows -
The Supreme Court in Pinki vs State of Uttar Pradesh directed all State Governments to implement the BIRD report 20-point action plan with important highlights including:
In Pinki vs State of Uttar Pradesh 2025 the Supreme Court on 15th April, 2025, addressed important issues in child trafficking cases including enforcement of guidelines, need for speedy trials and protection of victims rights. The directions of the Apex Court including the implementation of the BIRD report’s recommendations, marked a major step toward ensuring more efficient and victim-centric handling of such cases with further review scheduled for October 2025.
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