Delhi HC Grants 90 Day Interim Bail to POCSO Accused to Care for Custody-Born Newborn

The Delhi High Court has recently granted interim bail of 90 days to a woman accused in a POCSO case in order for her to take care of her two-month-old newborn baby born in judicial custody.

The bench presided over by Justice Renu Bhatnagar passed the order while dealing with a bail plea filed by petitioner Kushi under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking 90-day interim bail.

She was accused under Sections 366, 370, 376, and 354A of the IPC, Sections 4 and 6 of the POCSO Act, and Section 81 of the JJ Act.

Before the High Court, the petitioner woman was represented by Advocate Indupal Khokhar. The State was represented by APP Aman Usman.

The petitioner-woman submitted that she needs to care for two minor children, including a newborn born in jail on 12.05.2025. It was argued that she had been falsely implicated in the cases. She further contended that the investigation was completed and the chargesheet filed.

Opposing the plea, the State argued that the allegations against the petitioner are grave in nature. It was further pointed out that she was granted bail earlier; however, she had violated it. It was also argued that there are high chances that she may again jump bail if released.

Hearing the parties, the HC took note of her continued custody from 12.12.2024 and that the investigation is completed and the co-accused is already on bail.

"Keeping in view... that the applicant is unable to properly take care of her newborn child while being in judicial custody, the applicant is granted interim bail for a period of 90 days...,"

Accordingly, the court granted her 90-day interim bail, subject to certain conditions.

Case Title: KUSHI versus STATE NCT OF DELHI

Read order here