Delhi HC Grants Interim Bail to Incarcerated Mother for Newborn’s Care
In a compassionate ruling, the Delhi High Court has granted 90-day interim bail to a woman accused in a 2019 POCSO case, allowing her to care for her two-month-old infant born during her time in judicial custody. Justice Renu Bhatnagar issued the order on June 25, emphasizing the child’s welfare and the mother’s essential role in early care.
The woman, currently lodged in Central Jail No. 6 of Tihar with her two other minor children, was earlier granted regular bail but had failed to appear before the court, leading to a non-bailable warrant on September 24, 2024. After being re-arrested on December 12, 2024, she was declared a proclaimed offender and remained in custody. Her newborn was delivered on May 12, 2025, prompting the interim bail plea.
The court took into account the stage of trial and the challenges of raising an infant in prison. A detailed medical report confirmed her current condition and the presence of her children in jail. Recognizing that a mother’s care is vital for a newborn’s development, the court allowed temporary release upon furnishing a personal bond and surety of ₹25,000 each.
This decision reflects the judiciary’s balance between upholding the law and showing empathy, especially in matters involving young children. It sets a precedent for considering humanitarian grounds alongside legal obligations, reaffirming that justice must also serve the most vulnerable affected by judicial proceedings.
