Punjab& Haryana HC grants bail to YouTube influencer Bobby Kataria in human trafficking case

CHANDIGARH: The Punjab and Haryana High Court has granted regular bail to YouTube influencer Bobby Kataria in a human trafficking and cheating case registered by the National Investigation Agency (NIA).A Division Bench comprising Justice Anupinder Singh Grewal and Justice Deepak Manchanda allowed Kataria’s appeal against the July 20, 2024 order of the Special Judge (NIA), Panchkula, which had earlier denied him bail.Kataria was initially booked by Haryana police on May 27, 2024 under various sections of the Indian Penal Code (IPC), including Sections 323, 342, 346, 370, 420, 506, and 120-B, along with Sections 10 and 24 of the Emigration Act. Later the matter was handed over to the NIA for probe.As per the allegations, Kataria and his alleged associates collected Rs 19.67 lakh from multiple individuals on the pretext of arranging overseas employment. It was alleged that victims were promised jobs in countries such as the UAE and Singapore but were instead sent to other destinations, including Laos. The agency argued that the allegations were serious in nature and that several witnesses were yet to be examined.In his plea for bail, counsel appearing for Kataria contended that the individuals had voluntarily approached him and paid for facilitation services. It was argued that the persons concerned had travelled abroad and stayed there for some time but returned on their own due to dissatisfaction with working conditions. Kataria also undertook to deposit the entire alleged amount of Rs 19,67,000 through a demand draft before the trial court within two days. The defence also highlighted that he has been in custody as an undertrial for over one year and eight months and has been acquitted in all other cases previously registered against him.After hearing the petition, the HC observed that although the allegations involved taking money for sending individuals abroad, the victims had indeed been sent overseas, albeit not to the destinations of their choice. Taking into account the prolonged custody of over 20 months, the absence of any other pending cases, the undertaking to return the amount, and the likelihood of a prolonged trial, the HC found it appropriate to grant bail.HC further directed that Kataria be released on regular bail upon furnishing requisite bail bonds. It also mandated the deposit of the demand draft of Rs 19.67 lakh before the Special Court (NIA), Panchkula, within two days.The Special Court has been granted liberty to disburse the amount to claimants after due verification and in accordance with law.The Bench further directed that Kataria shall not contact any witnesses or attempt to influence them.Importantly, the trial of the case is currently pending before the Special Court (NIA) in Panchkula. As of now, only 23 out of 73 prosecution witnesses had been examined.