NEHA Vs. STATE (N C T OF DELHI)

JUDGEMENT

(1.) Present Application has been filed by the Applicant under Section 439 read with Section 482 Cr.PC for grant of interim bail for two months in FIR No. 186/2017 under Sections 342/363/366A/368/370/370A/372/34/109 IPC and Sections 3/5/7 ITP Act and Section 17 of POCSO Act, PS Kamla Market.

(2.) Applicant is in judicial custody since 23.07.2017. Interim Bail is sought on the ground that the Applicant delivered a baby boy on 21.06.2017 and was soon thereafter taken into custody. Since she was a single mother and there was nobody to take care of one month old child, the child was brought along with her to Jail. At present, the child is over 3 years of age and on account of COVID-19 virus, is susceptible/vulnerable to the infection.

(3.) Mr. Mukesh Kalia learned counsel for the Applicant has argued that the Applicant should be released on interim bail on compassionate and humanitarian grounds as there is a high risk to the life of the child and the present occupancy of jail exceeds the optimum capacity. During the pendency of the present Application, Mr. Mukesh Kalia had also pointed out that the child was suffering from some medical ailments. On account of this, a medical report was called from the Medical Officer of the concerned Jail.