The Delhi High Court has granted bail to a 28-year-old law graduate accused of murdering her mother, observing that her continued incarceration was depriving her seven-year-old son of maternal care and supervision.
Justice Sanjeev Narula, while granting regular bail on Wednesday, said the child’s welfare required humanitarian consideration since the woman’s former husband was not attending to the child, who currently resides with the husband’s relatives.
“Prolonged incarceration, in these circumstances, bears directly upon the child’s welfare and deprives him of the care and supervision of his natural guardian. The plea for bail, therefore, also warrants consideration on humanitarian grounds,” the court observed.
According to the prosecution, the accused allegedly conspired with her paramour to kill her mother in 2022 because she opposed their relationship. To make it appear as a case of robbery by unknown assailants, they allegedly removed jewellery and cash from the house and disposed of blood-stained clothes.
The woman was arrested on February 20, 2022 — a day after the incident.
The petitioner sought bail on the grounds that she was a young single mother with no prior criminal record and that her minor child, left in the custody of her former husband’s relatives, was not receiving proper care. Her release, she argued, was essential to resume the upbringing of her son.
The prosecution, however, opposed the plea, calling it a “brutal and cold-blooded murder” and warning that her release at this stage would not be conducive to a fair trial, given the gravity of the offence.
Justice Narula reiterated that the objective of granting bail is neither punitive nor preventative but to ensure the accused’s presence during trial. Citing the slow progress of the proceedings and absence of direct prima facie evidence, the court noted that continued detention was not justified.
“In the present case, considering the prolonged incarceration of the applicant, the snail-pace of trial, the absence of direct prima facie evidence, her status as a single mother, and her clean antecedents, this court is of the view that a case for grant of regular bail is made out,” the order stated.
The court allowed the bail plea, emphasizing that humanitarian considerations and the welfare of the minor child outweighed prolonged pre-trial detention in the present circumstances.
