In an application filed before the Delhi High Court seeking interim bail for 30 days regarding a First Information Report (FIR) under Sections 143(4)/3(5)/61(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a Single Judge Bench of Justice Girish Kathpalia refused to grant interim bail to the applicant.
The applicant was accused of being involved in a racket of child trafficking, and specifically of forging an adoption deed. The applicant sought interim bail since she was a single mother and had to take care of her two children, who were at a crucial stage of education.
The applicant pleaded that since she had not met her children since September 2025, she deserved interim bail on humanitarian grounds. It was also submitted that her elder child was pursuing further education after clearing the 12th standard, and the younger one had cleared the 9th standard examinations.
The State strongly opposed the application and informed the Court that the trial was being monitored by the Supreme Court. It was also asserted that the applicant was charged with serious offenses and that interim bail could not be allowed on such vague grounds.
The Court opined that the ground on which interim bail was sought was too generic and perpetual in nature, as it cannot be said that the applicant’s children would not need care after 30 days. It was said that this was not a case for regular bail on the merits. Thus, the Court refused to grant interim bail to the applicant and dismissed the application.
Appearances:
For Petitioner – Ms. Joshini Tuli, Mr. Joginder Tuli, Mr. Nishant Nishu
For Respondents – Mr. Sanjeev Sabharwal (APP)
