The Rajasthan High Court on Thursday granted bail to two Bangladeshi nationals who were arrested in connection with the alleged 2024 illegal kidney transplant racket. The court held that their continued detention would violate the right to a speedy trial under Article 21 of the Constitution.
Court Ruling and Background
The single bench of Justice Anoop Kumar Dhand passed the order on petitions filed by Nurul Islam and MD Ahsaanul Kobir. They were arrested on April 23, 2024, in a case registered at Jaipur's Jawahar Circle police station. The case involves an alleged interstate and international organ trafficking network in which vulnerable individuals, including Bangladeshi nationals, were reportedly brought to India for illegal kidney transplants using forged documents, fake identities, and fabricated family ties.
Investigation and Arrests
The probe into the racket led to the arrest of several accused, including Bangladeshi nationals and others. In April 2024, police also arrested transplant coordinators Vinod Singh and Giriraj Sharma, SMS Hospital administrative officer Gaurav Singh, and male nurse Bhanu Pratap. Two doctors from a private hospital were also arrested. At the time, police alleged that the transplant procedures were carried out using forged No Objection Certificates, fake identity records, and manipulated donor-recipient documents.
Approvers' Role and Custody
During the investigation, the two petitioners turned approvers and helped investigators identify and arrest other accused. The court noted that while the main accused had already secured regular bail, the two approvers remained in custody for over two years despite cooperating with the prosecution. Citing earlier rulings, the bench stated that approvers should not be placed in a worse position than the principal accused and that the high court could use its inherent powers under Section 482 CrPC to grant bail in exceptional cases where trial delays lead to prolonged incarceration.
Bail Conditions
The court ordered the release of both men on bonds of Rs 5 lakh each with two sureties of Rs 2.5 lakh each. It also directed immigration authorities to monitor their movement under the Immigration and Foreigners Act, 2025. Additionally, the court ordered state and police officials to communicate the bail order to the immigration authorities concerned for further action.
