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The case originated in March 2024 when the parents of the child filed a missing person complaint. During the investigation, it was discovered that a co-accused had kidnapped the child and sold them to the couple for ₹9,000
The Bombay High Court has recently granted bail to a lesbian couple accused of kidnapping a 5-year-old child.
A single-judge bench comprising Justice Manish Pitale observed that their actions were motivated by a desire to become parents rather than criminal intent.
The case originated in March 2024 when the parents of the child filed a missing person complaint. During the investigation, it was discovered that a co-accused had kidnapped the child and sold them to the couple for ₹9,000.
The Public Prosecutor opposed the bail, arguing that the couple's actions amounted to trafficking, as the child was taken in exchange for money. However, the court considered the couple's intent and circumstances before granting bail.
The bench in its order recorded that, “It can be said that the applicants undertook an illegal approach to satisfy their desire of having a child by conniving with co-accused persons to take away the minor gild child from her parents. This may show the ingredients of the offence under Section 363 of the IPC, which is bailable,” the order reads.
The bench also observed that there is the absence of sufficient material to indicate that the applicants retained the custody of the child for sexual or physical exploitation.
Accordingly, the bench proceeded to grant bail to the couple while noting that, “The applicants in the present case have been able to show sufficient material to reach a prima facie conclusion that they can be said to be persons belonging to the said LGBTQ+ community. They have already suffered incarceration for about 8 months. Such persons are unfortunately subjected to ridicule in the society and particularly in the confines of jail,” the order reads.
Case title: Divya Kailash Singh & Anr vs State of Maharashtra
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