The Delhi High Court recently granted interim bail to a woman under humanitarian considerations. They were citing her inability to care for her newborn child while in custody. The woman, arrested on December 12, 2024, in connection with a case involving Sections 363, 366, 370, 376, 354A of the IPC, Sections 4 and 6 of the POCSO Act, and Section 81 of the Juvenile Justice Act, gave birth to a baby boy on May 12, 2025, while in judicial custody. She argued that she was falsely implicated and unable to care for her two young children. One aged two years and the other a newborn. Although the State opposed her release, citing her previous bail violation and status as a proclaimed offender. She contended that financial constraints prevented her from securing legal counsel earlier.
Justice Renu Bhatnagar, considered the completion of investigation. Thus, filing of the chargesheet, and the fact that co-accused were already on bail. They ordered her interim release for 90 days. The court emphasized that the woman’s continued incarceration hindered her ability to care for her infant. Thus, interim bail was justified under the principles of justice and child welfare.
