The Delhi High Court has granted 90 days of interim bail to a woman accused under the POCSO Act, considering her critical need to care for her newborn child born while in custody.
The woman, Kushi, was arrested on December 12, 2024, in FIR No. 370/2019 under serious allegations, including Sections 363, 366, 370, 376, and 354A of the Indian Penal Code (IPC), Sections 4 and 6 of the POCSO Act, and Section 81 of the Juvenile Justice Act, 2015. While in judicial custody at Central Jail No. 6, she gave birth to a baby boy on May 12, 2025.
Kushi filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, claiming false implication in the case and citing her inability to care for her two young children — one aged two and the other a newborn.
"The applicant is unable to properly take care of her newborn child while being in judicial custody," observed Hon’ble Justice Renu Bhatnagar while passing the interim bail order.
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The State strongly opposed her release, arguing that she previously violated regular bail conditions by not appearing before the Trial Court, which led to the issuance of Non-Bailable Warrants and her being declared a proclaimed offender.
The prosecution emphasized that the charges had already been framed, and the trial had reached the prosecution evidence stage. They warned that releasing her might result in another bail violation.
In defense, her counsel stated she could not attend court earlier due to her preoccupation with her children and financial limitations, which prevented her from engaging legal representation. This eventually led to proclamation proceedings under Section 82 CrPC.
After hearing all sides and reviewing the medical report confirming her childbirth in custody, the Court decided in her favor.
“Keeping in view the facts and circumstances of the present case... the applicant is granted interim bail for a period of 90 days,” stated the Court.
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Justice Bhatnagar allowed the interim bail with several strict conditions, including:
- Submission of a ₹25,000 personal bond and one surety of the same amount.
- No offence shall be committed during the interim bail period.
- The applicant must not tamper with evidence or influence prosecution witnesses.
- She must provide and keep active her address and mobile number with the Investigating Officer.
- She shall not leave the NCT of Delhi without prior permission from the Court.
The Court also directed that a copy of the order be sent to the Jail Superintendent for compliance.
Case title: Kushi v. State NCT of Delhi
Case no.: BAIL APPLN. 2090/2025
