The Bombay High Court has granted bail to Vandana Mahadev Kale, a woman accused of burning her seven-year-old niece after the child spent ₹10 on chocolates instead of purchasing groceries. Kale had been in custody for over four years without significant progress in the trial.
Justice SG Dige, while granting bail, observed, “The applicant is behind bars for more than 4 years and 6 months, yet there is no progress in the trial. She is in jail with her 7-year-old daughter. Considering the incarceration period of the applicant, her further detention is not required.”
Kale was arrested in October 2020 after allegations that she tied up her niece, gagged her, and burned her with a hot spoon after discovering the child had used part of the ₹50 given to her for groceries to buy chocolates. The case was registered under the Indian Penal Code, the Protection of Children from Sexual Offences (POCSO) Act, and the Juvenile Justice Act.
The prosecution opposed her bail, citing medical evidence of cruelty and the risk of witness intimidation. However, Kale’s lawyer argued for her release, stating that she had no prior criminal record and was the primary caretaker of four minor children, including one who was in jail with her.
The High Court granted bail, considering the extended period of her incarceration, the completion of the investigation, and the charge sheet already being filed.
Case: Vandana Mahadev Kale vs State of Maharashtra – Available on LAWFYI.IO
