90-day-interim-bail-granted-to-accused-mother-for-baby-care

In a significant judicial move reflecting considerations of compassion and empathy,  Delhi High Court has granted a 90-day interim bail to an accused mother, allowing her to care for her newborn born in custody. This was done to enable her to take care of her two month old baby born in judicial custody.
 

While she has two minor children who were living with her in the jail, Justice Renu Bhatnagar considered the woman's inability to care for her children in the  jail. The case, involving POCSO charges, proceeds at the prosecution evidence stage.Justice Renu Bhatnagar granted the interim relief after considering that the accused, Kushi, faced challenges caring for her newborn while detained. The court's decision coincides with the case entering the prosecution evidence stage, reflecting the judicial priority given to the welfare of the minor children involved. 

"The applicant is unable to properly take care of her new born child while being in judicial custody, she is granted interim bail for a period of 90 days from the date of release, on furnishing a personal bond of Rs 25000 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 due to her non appearance before the court. Thereafter she was declared as a proclaimed offender. She was sent to judicail custody after her rearrest . She gave birth to a child on May 12, 2025.

While granting interim bail the HC also considered the medical report which stated that the applicant , along with her wto children, is currently lodged in Tihar Jail complex. The medical status report states that at the time of her admission to jail, she was pregnant and deliveerd a child on 12-5-2025.

 

While the defense argued for her temporary release citing the welfare of her children, the prosecution expressed concerns about her previous attempts to evade court proceedings. Nevertheless, Justice Bhatnagar emphasized the necessity of allowing familial care for the newborn, given the circumstances surrounding the case.