Did the Delhi HC Grant Bail to a Woman for Her Ailing Daughter?
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New Delhi, Feb 10 (NationPress) The Delhi High Court has provided a temporary bail of 90 days to a woman implicated in a cheating and fraud case, allowing her to care for her two-year-old daughter who is unwell.
A single-judge Bench led by Justice Girish Kathpalia noted that a child of such a young age needs not just medical care but also the mother's physical presence, comfort, and nurturing, which cannot be replaced.
Justice Kathpalia was reviewing the woman's request for interim bail related to an FIR filed at the Rajouri Garden police station, citing various sections under the Bharatiya Nyaya Sanhita (BNS).
The order highlighted that the sole accusation against the applicant is the suspicion of her involvement in the fraud alongside others.
The prosecution argued against the bail, claiming relatives could assist the child. However, Justice Kathpalia emphasized the unique needs of a child at such a vulnerable age.
“Given the limited allegations against the accused/applicant, it is crucial to recognize that a toddler requires the mother's physical presence for recovery,” stated the Delhi High Court.
“I am not inclined to deny this child the comfort of her mother during her illness,” the ruling further noted.
The court approved the interim bail application, mandating the release of the accused for 90 days, contingent on a personal bond of Rs 10,000 and one surety of the same amount, as per the trial court's discretion.
A copy of the order is to be promptly sent to the relevant jail superintendent for compliance.