In a compassionate move, the Delhi High Court has granted interim bail for 90 days to a woman booked under the POCSO Act and several sections of the Indian Penal Code, allowing her to care for her newborn child.
The woman, who had been in judicial custody since December 12, 2024, delivered a baby boy on May 12 while incarcerated. She sought interim bail on humanitarian grounds, highlighting her inability to look after her two minor children—one around two years old and the other a newborn—while remaining in custody.
Justice Renu Bhatnagar, while granting the relief, noted that the investigation was complete, the chargesheet had been filed, and the co-accused were already on bail. The Court remarked:
“Keeping in view the facts and circumstances of the present case as well as the fact that the applicant is in judicial custody since 12.12.2024, the investigation has already been completed, the chargesheet has also been filed by the State, the co-accused are already on bail and the applicant is unable to properly take care of her new born child while being in judicial custody, the applicant is granted interim bail for a period of 90 days.”
The State opposed the petition, expressing concern that the woman might jump bail, citing her earlier violation of bail conditions. She had failed to appear before the trial court after being granted regular bail, leading to the issuance of Non-Bailable Warrants and her being declared a Proclaimed Offender.
In response, the woman argued that her earlier non-appearance was due to financial hardship and her responsibility to care for her minor children, which prevented her from securing legal representation in time.
Justice Bhatnagar, however, found merit in her current plea and ordered her temporary release for a limited period of 90 days.
