Woman claims to be HIV+, court grants bail in flesh trade case

New Delhi: A woman, who claimed to be HIV positive and was arrested for allegedly running a brothel and forcing young girls into prostitution, has been granted bail by a Delhi court.

The court, however, noted that as per the police and jail authorities, the woman could not bring any record of her claimed disease.

Special Judge Sanjay Kumar Aggarwal granted the relief to the woman, who was in judicial custody since May 13, while keeping in view the special concessions being given to women by legislature regarding bail.

The court, however, made it clear that if the woman would be found indulging in prostitution again, the prosecution may seek cancellation of her bail.

"Keeping in view the fact that the applicant is a woman, on the basis of corollary drawn from Section 437 CrPC, regarding special concessions being given to women by legislature with respect to matters regarding bail, she is entitled for bail.

"The factual aspect concerning recovery of prosecutrix and other allegations will face litmus test during trial," the court said and released the woman on bail on furnishing a personal bond of Rs 15,000 and a surety of a like amount.

According to the prosecution, police raided a brothel in G B Road in Central Delhi and rescued a 20-year-old woman who claimed that she was brought here by someone 11-year-ago and left with the accused.

It was alleged in the FIR that the accused used to force the victim to indulge in immoral activities and used to take money from customers.

The accused was arrested by the police and a case was lodged at Kamla Market police station here under the provisions of the IPC including rape, kidnapping, procuration of a minor girl and buying or disposing of a person as a slave and Immoral Trafficking (Prevention) Act.

The woman had sought bail claiming that she was an HIV positive patient and filed a certificate issued by the Delhi State Aids Control Society.

The prosecutor, however, opposed the bail plea, saying the certificate was sent for verification to the Delhi State Aids Control Society and it was reported that though the document has been in the woman's name it could not be found in their original records.

It said the name has been faked on the certificate by someone else and it could not be verified as to whether the certificate was issued for the woman.