Gauhati High Court Pulls Up Yupia Sessions Court for Granting Bail to DSP Accused in Child Prostitution Racket

Marik was arrested on May 14, 2024, in connection with a child trafficking and sexual exploitation racket uncovered in Chimpu, Itanagar

The Gauhati High Court’s Itanagar Bench has come down heavily on the District and Sessions Court in Yupia, Arunachal Pradesh, for granting bail to Deputy Superintendent of Police (DSP) Bulang Marik accused of involvement in a child prostitution racket involving minor girls.

Marik was arrested on May 14, 2024, in connection with a child trafficking and sexual exploitation racket uncovered in Chimpu, Itanagar. All the girls from poor families in Assam were trafficked to Itanagar between 2020 and 2023.

The case led to the rescue of many minor victims and the arrest of 21 accused individuals including alleged traffickers, pimps, and “customers.”

Notably, 8 of those arrested were personnel from the government and police departments.

Marik’s first bail request was rejected by the court in July 2024 due to strong evidence and the seriousness of the crime.

The court had also said that releasing him could put pressure on the victims since he was an influential person.

However, later, he was granted temporary bail in October 2024 on humanitarian grounds. His wife stated that their son needed surgery in Delhi and that Marik’s presence was required.

The bail was extended several times, even though the law requires that the victims or their guardians be informed and given a chance to speak in court during such hearings.

The High Court’s action came while hearing a petition filed by Marik seeking reinstatement into government service.

However, rather than proceeding with the reinstatement plea, the court shifted its focus to the legality and propriety of the bail granted to him by the Sessions Court in Yupia.

During the hearing, the bench observed serious procedural violations in the granting of bail, especially considering the gravity of the charges under the Protection of Children from Sexual Offences (POCSO) Act and various sections of the Indian Penal Code (IPC).

The court noted that no notice was issued to the victims or their families. The victims were not given an opportunity to be heard and no legal representative or support person was appointed for the minor girls, as mandated by law.

These omissions, the court observed, raise grave concerns about adherence to due process in cases involving sexual crimes against children.

In a strong move, the High Court has now decided to revisit the bail not only of Marik but also of other accused in the same case, signalling broader scrutiny of the legal proceedings related to the child trafficking ring.

The matter has been listed for further hearing on June 2 or 3, and the court has directed that appropriate notices be issued and victims’ rights safeguarded in all future proceedings.

The Gauhati High Court also directed that adequate steps be taken to ensure the protection and representation of the victims. A lawyer has been appointed by the High Court to advocate on behalf of the children.

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