Delhi HC Grants Interim Bail To Woman In POCSO Case For Care Of Newborn Child [Read Order]

New Delhi: The Delhi High Court has granted interim bail for 90 days to a woman accused in a POCSO case, allowing her to care for her newborn child, who was born while she was in judicial custody.

Justice Renu Bhatnagar delivered the order on June 25, 2025, emphasizing the humanitarian concerns surrounding the case and the welfare of minor children.

The court addressed the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in FIR No. 370/2019. The case involves charges under Sections 363, 366, 370, 376, and 354A of the Indian Penal Code, Sections 4 and 6 of the POCSO Act, and Section 81 of the Juvenile Justice Act, 2015.

The applicant’s counsel argued that she had been falsely implicated and submitted that she had two minor children — one aged around two years and a newborn delivered while in custody. The counsel emphasized, “The applicant is unable to look after her minor children while being in judicial custody.”

However, the prosecution strongly opposed the bail application, highlighting that the applicant had previously violated bail conditions. The learned APP noted, “When the applicant was earlier granted regular bail, she violated the terms of her bail and failed to appear before the learned Trial Court. Consequently, NBWs were issued against her on 24.09.2024.”

The court considered the significant circumstances surrounding the case, observing that the applicant had been in judicial custody since December 12, 2024, and had delivered a child on May 12, 2025, while incarcerated.

In granting interim bail, Justice Bhatnagar considered multiple factors, noting that the investigation had been completed, the chargesheet had been filed, co-accused were already on bail, and most importantly, “the applicant is unable to properly take care of her newborn child while being in judicial custody.”

The court imposed strict conditions for the interim bail, directing, “The applicant shall provide her address/mobile number to the Investigating Officer (IO)/SHO concerned at the time of release, which shall be kept operative at all times during the period of interim bail.”

Additional conditions include restrictions on leaving the NCT of Delhi without prior court permission, prohibition on tampering with evidence or influencing witnesses, and an obligation to maintain communication with investigating authorities regarding any change of address.

The bail was granted against a personal bond of Rs. 25,000 with one surety in the like amount, to be furnished to the satisfaction of the learned Trial Court.

Mr. Indupal Khokhar, Ms. Neha, Ms. Simran Khakhar, and Ms. Sangita, Advocates, appeared for the applicant, while Mr. Aman Usman, APP, represented the State, and Ms. Bahuli Sharma, Advocate, appeared for the prosecutrix.

Case Title: Kushi vs. State (NCT of Delhi)

[Read Order]