New Delhi [India], June 27 : The Delhi High Court granted 90 days' interim bail to a woman to enable her to take care of her barely two-month-old baby born in judicial custody. She has two minor children living with her in jail. She is an accused in a POCSO case lodged in 2019 at the Burari Police Station.
Justice Renu Bhatnagar granted interim bail to the accused Kushi after considering the facts that charges have been framed and the case is at the stage of prosecution evidence.
"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 from the date of her release, on furnishing a personal bond in sum of Rs. 25,000 with one surety in the like amount," Justice Bhatnagar ordered on June 25.
The applicant was re-arrested on December 12, 2024. Earlier, she was granted regular bail by the trial court, but a non-bailable warrant was issued against her on September 24, 2024, due to her non-appearance before the court. Thereafter, she was declared a proclaimed offender. She was sent to judicial custody after her re-arrest. She gave birth to a child on May 12, 2025.
While granting interim bail, the High Court also considered the medical report, which stated that the applicant, along with her two children, is currently lodged in Central Jail No. 6 of Tihar Jail complex. The medical status report states that at the time of her admission to jail, she was pregnant and delivered a child on 12.05.2025.
Advocate Indrapal Khokhar, counsel for the accused, submitted that the applicant has two minor children; one aged around two years and the other is a newborn, while being in judicial custody.
He further submitted that the applicant is unable to look after her minor children while being in judicial custody.
The trial will take considerable time, and therefore, during the pendency of the trial, the applicant be released on bail to take care of her minor sons or, in the alternative, the applicant be granted interim bail for 90 days, the counsel prayed.
Additional Public Prosecutor (APP) and Advocate Bahuli Sharma, counsel for the prosecutrix, opposed the plea of the accused.
The APP contended that the charges have already been framed and the trial is at the stage of prosecution evidence. He further submitted that there is high apprehension that the applicant may again try to jump bail if released on interim bail.