Sandhya vs State Govt. Of Nct Of Delhi

Girish Kathpalia, J

The applicant/accused seeks interim bail in case FIR No. 344/2025 of Police Station Rajouri Garden for the offence under Section 318(4)/336(3)/ 340(2)/338/61(2)/3(5) BNS.

Broadly speaking, the interim bail sought by the accused/applicant is on the ground of illness of her two year old child. The only allegation against the accused/applicant in the FIR is: “we suspect the wife Mrs. Sandhya and father of Mr. Varun Arora, Mr.Krishan Gopal Arora who are conspirators in this fraud.”

Learned counsel for accused/applicant has taken me through record especially the alleged illness of the two year old daughter of the accused/applicant.

Learned prosecutor opposes the interim bail on the ground that according to the report filed before the learned Court of Sessions, there are other relatives also of the accused/applicant, who can take care of the child.

In my considered view, especially keeping in mind the limited allegation against the accused/applicant, it cannot be ignored that an infant of that age needs physical touch and comfort of mother to recuperate. It is right of that child to health, which also cannot be ignored. Child of such tender age would need not just medical care, but also soothing touch of mother. In the backdrop of such limited allegation against the accused/applicant, I do not feel inclined to deny the infant physical company of her mother at least during the period of her illness.

Therefore, the application is allowed and subject to the accused/applicant furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the trial court, the accused/applicant is directed to be released on interim bail for a period of 90 days so that she may take care of her child.

Copy of this order be immediately send to the concerned Jail Superintendent for compliance.