Delhi High Court Grants 90 Days Interim Bail To Woman Booked Under POCSO Act To Care For Her Newborn
The Delhi High Court has ordered an interim release of a woman, languishing in jail for about six months in connection with a POCSO case, to enable her to take care of her new born child.
The woman was arrested on December 12 last year. She was expecting at the time and delivered a boy child in custody, on May 12.
Meanwhile, chargesheet came to be filed against her alleging offences under Sections 363/366/370/376/354A IPC, Sections 4/6 of the POCSO Act and Section 81 of the Juvenile Justice Act, 2015.
The woman claimed she was falsely implicated in the case and sought to be released, particularly on the ground that she was unable to care for her two minor children— one aged around two years and the other a newborn— while in custody.
The State opposed the petition by citing apprehension that the applicant may try to jump bail. It apprised the Court that when she was earlier granted regular bail, she violated the terms of her bail and failed to appear before the Trial Court, resulting in issuance of Non-Bailable Warrants.
She was proclaimed Offender and was re-arrested on December 12, 2024.
The woman claimed that she was engaged in taking care of her minor children at the time and was unable to engage Legal counsel for filing an appropriate application due to financial constraints, resulting in proclamation proceedings.
After hearing the parties, Justice Renu Bhatnagar deemed it fit to release her on interim bail for 90 days. The bench ordered,
“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.”
Appearance: Mr. Indupal Khokhar, Ms. Neha, Ms. Simran Khakhar & Ms. Sangita, Advs for Petitioner; Mr. Aman Usman, APP for the State. SI Aditi, P.S. Burain Ms. Bahuli Sharma, Adv. for prosecutrix
Case title: Kushi v. State NCT of Delhi
Case no.: BAIL APPLN. 2090/2025