The Delhi High Court has granted interim bail to a woman incarcerated for nearly six months in connection with a case involving serious charges under the POCSO Act and IPC, in order to allow her to care for her newborn child.

The petitioner, arrested on December 12, 2024, gave birth to a male child while in custody on May 12. She sought release on the ground that she was unable to adequately care for her two minor children—one aged around two years and the other a newborn—while in judicial custody.

The chargesheet filed against her alleges offences under Sections 363, 366, 370, 376, 354A of the Indian Penal Code, Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, and Section 81 of the Juvenile Justice Act, 2015. The woman claimed she was falsely implicated in the case.

The State opposed her release, highlighting that the petitioner had earlier violated the terms of her bail, failed to appear before the Trial Court, and was declared a Proclaimed Offender, leading to her re-arrest in December 2024. The State expressed apprehensions that she may abscond again if released.

In response, the petitioner contended that her absence was not willful but due to her responsibilities as a mother of young children and her financial inability to engage legal counsel.

After considering the submissions, Justice Renu Bhatnagar deemed it appropriate to grant interim bail for a period of 90 days. The Court observed:

“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.”

Case Title: Kushi v. State NCT of Delhi
Case No.: BAIL APPLN. 2090/2025