New Delhi: The Delhi High Court has granted three-month interim bail to a pregnant woman accused of kidnapping and an attempt to murder. The judge said giving birth in custody will be traumatic for the woman.
Justice Anoop Kumar Mendiratta said every pregnant woman deserves the dignity guaranteed by the Constitution during motherhood. He added that being born in custody will impact the child adversely forever.
The order dated August 18 said the pregnancy of a woman is a special circumstance that needs to be appreciated. "The Court is expected to take note of the interest of a child, who is not expected to be exposed to the prisons, until and unless there is a grave danger in releasing the petitioner on bail."
The Justice further said that the criminal law provides the conditions for not releasing a person on bail charged in certain offences shall not apply when the person is under the age of 16, is a woman, or is sick or infirm. The jail rules also state that arrangements for temporary release will be made to enable an inmate to deliver in a hospital outside the prison.
The court also noted that delivery facilities are not available in the concerned jail. The petitioner was Deen Dayal Upadhyay Hospital for this reason.
The prosecution argued that releasing the woman on bail was a high-security risk to the lives and safety of the victims.