"Every Expecting Female Deserves Dignity During Motherhood; Pregnant Woman Deserves Bail Not Jail": HP HC Grants Anticipatory Bail In NDPS Case
3 years, 5 months ago

"Every Expecting Female Deserves Dignity During Motherhood; Pregnant Woman Deserves Bail Not Jail": HP HC Grants Anticipatory Bail In NDPS Case

Live Law  

Observing that heavens will not fall if the incarceration is postponed, the Himachal Pradesh High Court on Saturday held that every expecting female deserves dignity during motherhood and that in such conditions, a pregnant woman deserves bail and not jail.Granting anticipatory bail to a pregnant woman accused under NDPS Act, a single judge bench comprising of Justice Anoop Chitkara observed. Observing that heavens will not fall if the incarceration is postponed, the Himachal Pradesh High Court on Saturday held that every expecting female deserves dignity during motherhood and that in such conditions, a pregnant woman deserves bail and not jail. Granting anticipatory bail to a pregnant woman accused under NDPS Act, a single judge bench comprising of Justice Anoop Chitkara observed that there should be no restraint to a woman throughout the period of her pregnancy as restraints and confined spaces might cause mental stress to a pregnant woman. The Court was dealing with an anticipatory bail plea filed by the Pregnant woman apprehending arrest in an NDPS case in which her husband and mother in law were arrested by the police.

Women Court Bail Woman Her Husband Jail Pregnant Woman Deserves Motherhood Pregnant No Restraints Every Expecting Female Deserves Dignity During Motherhood Not Jail  woman  bail  court  restraints  deserves  mental  motherhood  pregnant  ndps  jail  grants  observed  hc  hp  women

History of this topic

Bombay HC grants six-month bail to pregnant woman for delivery
3 weeks, 4 days ago

Bombay HC grants six-month bail to pregnant woman for delivery

The Hindu  

The Nagpur Bench of the Bombay High Court has granted temporary bail of six months to a pregnant woman for delivery. The Gondia Railway Security Force had registered the case after a raid on the Sambalpur-Pune Express during which they recovered ganja hidden beneath the seats of five passengers, including the woman. However, granting bail, Justice Urmila Joshi-Phalke noted in …

Delivering Child In Jail Will Certainly Impact Both Mother And Child: Bombay High Court Grants Bail To Pregnant Prisoner
3 weeks, 5 days ago

Delivering Child In Jail Will Certainly Impact Both Mother And Child: Bombay High Court Grants Bail To Pregnant Prisoner

Live Law  

The Nagpur bench of the Bombay High Court on Wednesday granted six months bail to a pregnant prisoner for her delivery, observing that delivering the child in the jail atmosphere would certainly impact not only the mother but also the child. However, delivering child during pregnancy in jail atmosphere would certainly impact not only on the applicant but also on …

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour
1 month, 1 week ago

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour

Live Law  

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites …

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law
1 month, 1 week ago

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was accused of sexually harassing his daughter-in-law, observing that the severity of the allegations levelled against him, granting a protective order could hinder the ability of the investigating agency to unravel the entire truth.Justice Sumeet Goel said, "The decorum and dignity of this bond …

Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners
3 months, 2 weeks ago

Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners

Live Law  

The Bombay High Court last week expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners. The Bombay High Court last week expressed 'disturbance' over the predicament of young women, …

HC refuses bail to wife of suspended govt. officer in minor rape case
3 months, 2 weeks ago

HC refuses bail to wife of suspended govt. officer in minor rape case

The Hindu  

The Delhi High Court on Friday refused bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her. The court dismissed the bail application of Seema Rani Khakha, noting the case “strikes at the root of trust between two families” and the possibility of influencing witnesses can’t be ruled …

Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal Birth
5 months ago

Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal Birth

Live Law  

The Kerala High Court has granted bail to a 23-year-old woman who had been in judicial custody for 80 days for allegedly throwing her infant child from her apartment building onto the road in an attempt to conceal the birth. The Court ordered thus: “ On an overall consideration of the facts, rival submissions made across the Bar, and the …

Karnataka high court grants 15-day bail for rape accused to marry the victim: Report
6 months ago

Karnataka high court grants 15-day bail for rape accused to marry the victim: Report

Hindustan Times  

The Karnataka high court on Tuesday granted a bail to 23-year man who is a rape accused to marry a girl who was the victim in his rape case. Karnataka high court grants 15-day bail for rape accused to marry the victim According to the report in PTI, the high court granted 15-day bail to the accused and the marriage …

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife
9 months, 4 weeks ago

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife

Live Law  

The Delhi High Court on Monday denied default bail to Delhi Government's suspended Women and Child Development Department officer Premoday Khakha, accused of raping a minor girl over several months and impregnating her. Court also denied relief to Khakha's wife.Justice Jyoti Singh rejected the pleas moved by Khakha and his wife seeking default bail under Section 167 of Code of. …

Women inmates in Bengal were pregnant when brought in, Supreme Court told
10 months, 1 week ago

Women inmates in Bengal were pregnant when brought in, Supreme Court told

India Today  

Days after the Supreme Court took suo motu cognisance of women prisoners in West Bengal’s correctional homes getting pregnant, amicus curiae and Senior Advocate Gaurav Agarwal, in his report, stated that most of the women prisoners were already expecting when they were brought to the jails. Citing information received from the ADG & IG Correctional Services on all childbirths in …

Supreme Court agrees to examine issue of women inmates getting pregnant in West Bengal jails
10 months, 1 week ago

Supreme Court agrees to examine issue of women inmates getting pregnant in West Bengal jails

Op India  

The Supreme Court on Monday, February 12, agreed to examine the matter of women inmates getting pregnant in correctional homes and jails across the state of West Bengal. Supreme Court to examine issue of prisoners getting pregnant in Bengal jails An estimated 196 babies were born in different correctional facilities across West Bengal, an advocate submitted at the Calcutta High …

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court
1 year, 6 months ago

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court

Live Law  

The Kerala High Court recently dismissed the anticipatory bail application filed by a father accused of sexually abusing his minor daughter.A single bench of Justice Ziyad Rahman observed that as per Section 438 of the Criminal Procedure Code, there is a specific bar against entertaining an application for anticipatory bail where offences Section 376 or section 376AB or section 376DA. …

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court
1 year, 8 months ago

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail. Observing that though, at this stage, the Court will not minutely …

After Nearly 3 Years In Jail, Bombay High Court Grants Bail To Woman Accused Of Throwing Her Newborn From Top Of Building
2 years ago

After Nearly 3 Years In Jail, Bombay High Court Grants Bail To Woman Accused Of Throwing Her Newborn From Top Of Building

Live Law  

The Bombay High Court has granted bail to a woman, a house help, accused of throwing her newborn baby from the top of the building on December 5 in 2019. Justice MS Karnik observed the record reveals that the woman was upset with her husband, as according to her he was having illicit relations with another woman. In the bail …

HP High Court Grants Bail To Murder Accused Lodged In Jail With Her Minor Son To Enable Him To Develop Acquaintances With Father
2 years ago

HP High Court Grants Bail To Murder Accused Lodged In Jail With Her Minor Son To Enable Him To Develop Acquaintances With Father

Live Law  

The Himachal Pradesh High Court on Wednesday granted bail to a murder accused who has been lodged in jail with her minor son for more than 3 years, so as to enable the child to develop acquaintances with other family members, especially his father.Significantly, the Court opined that even if it is presumed that the mother of the child has …

Wife's Pregnancy No Ground For Bail Particularly When Criminal Investigation Is In Progress: Karnataka High Court
2 years, 1 month ago

Wife's Pregnancy No Ground For Bail Particularly When Criminal Investigation Is In Progress: Karnataka High Court

Live Law  

The Karnataka High Court recently refused bail to a man involved in a murder investigation, seeking release to attend his pregnant wife whose delivery date is soon due. A single judge bench of Justice Shivashankar Amarannavar sitting at Dharwad remarked, At least 31 persons are accused in the case relating to complainant's assault and the murder of his brother amidst …

Bombay HC grants bail to rape accused on assurance that he will marry the woman once she is traced
2 years, 2 months ago

Bombay HC grants bail to rape accused on assurance that he will marry the woman once she is traced

India Today  

The Bombay High Court has granted bail to a 26-year-old rape accused on the condition that he will marry the victim who used to be his neighbour, within a year, if she is found. READ | Bombay High Court reduces sentence of man accused of raping mentally retarded woman The woman is said to have left her residence in order …

Pre-Trial Incarceration Cannot Be Ordered As Matter Of Rule: Himachal Pradesh High Court Grants Bail To Rape Accused
2 years, 3 months ago

Pre-Trial Incarceration Cannot Be Ordered As Matter Of Rule: Himachal Pradesh High Court Grants Bail To Rape Accused

Live Law  

The Himachal Pradesh High Court recently, while granting bail to a rape-accused, observed that pre-trial incarceration cannot be ordered as matter of rule. The observation was given by Justice Satyen Vaidya: "The bail application has been opposed on the ground that the petitioner is required for custodial interrogation. The bail application was opposed on the ground that the custodial interrogation …

Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court
2 years, 4 months ago

Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court

Live Law  

Observing that every pregnant female deserves dignity during motherhood, the Delhi High Court has granted three months interim bail to a pregnant undertrial prisoner who was expecting her delivery in jail. Justice Anoop Kumar Mendiratta also added that pregnancy of a woman is a special circumstance which needs to be appreciated as giving birth to a child while in custody, …

Every pregnant woman deserves dignity, says Delhi High Court
2 years, 4 months ago

Every pregnant woman deserves dignity, says Delhi High Court

Firstpost  

New Delhi: The Delhi High Court granted a pregnant woman accused of kidnapping and attempted murder a three-month interim bail, stating that every pregnant woman deserves the dignity provided by the Constitution throughout pregnancy. Every pregnant female deserves the dignity enshrined under Article 21 of the Constitution of India during motherhood,” the court said in its order dated 18 August. …

Punjab & Haryana High Court Grants Bail To Woman Allegedly Involved In Pre-Natal Sex Determination Activities
2 years, 5 months ago

Punjab & Haryana High Court Grants Bail To Woman Allegedly Involved In Pre-Natal Sex Determination Activities

Live Law  

The Punjab and Haryana High Court has recently granted regular bail to a woman booked under the Pre-Natal Diagnostic Techniques Act, 1994, allegedly for accompanying the decoy witness to the place where the sex determination test was supposed to be conducted. After taking into consideration the facts and circumstances of the case, role played by the petitioner, along with the …

Madhya Pradesh High Court Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife
2 years, 8 months ago

Madhya Pradesh High Court Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife

Live Law  

The High Court of Madhya Pradesh recently granted temporary bail to a murder accused for 90 days so that he could take care of his pregnant wife, whose delivery was due in a week. Justice Sanjay Dwivedi was dealing with a bail application U/S 439 CRPC moved by the Applicant accused for offences punishable U/S 302, 307, 294, 506, 147, …

Ashamed By 6th Pregnancy, Disabled Woman Allegedly Drowns Her New-Born: Kerala High Court Allows Bail
2 years, 11 months ago

Ashamed By 6th Pregnancy, Disabled Woman Allegedly Drowns Her New-Born: Kerala High Court Allows Bail

Live Law  

The Kerala High Court on Thursday granted bail to a 33-year-old woman suffering from multiple disabilities who allegedly dropped her newborn into a bucket of water, resulting into the infant's death. The infant was her sixth child, and reportedly a consequence of unintended pregnancy.Justice Gopinath P. released the woman on bail noting that her custodial interrogation may not be necessary …

Bombay HC upholds conviction of husband, in-laws in forced abortion case
2 years, 11 months ago

Bombay HC upholds conviction of husband, in-laws in forced abortion case

India Today  

The Aurangabad Bench of Bombay High Court recently observed that forcibly aborting the foetus of a woman amounts to cruelty, while upholding the order convicting her husband and in-laws for attempting to murder her. The observation came by the Bench of Justices VK Jadhav and SC More in partly allowing the appeal filed by the husband and his parents against …

"Gives An Impression That Justice Can Be Bought & Judges Can Be Sold": Bombay HC Refuses Bail To Man Who Assured Favourable Court Decision
3 years, 2 months ago

"Gives An Impression That Justice Can Be Bought & Judges Can Be Sold": Bombay HC Refuses Bail To Man Who Assured Favourable Court Decision

Live Law  

The Bombay High Court on Tuesday refused bail to a man accused of cheating a woman by guaranteeing a favourable court decision for her son's release on bail, observing that it is a grave issue and amounts to tarnishing the judiciary's image. The court said that "grave" and peculiar facts of the case where cheating is for manipulating court proceedings …

Woman Allows Her Live-In Partner To Commit Sexual Assault On Minor Daughter: Telangana HC Denies Bail Calling Allegations 'Heinous'
3 years, 4 months ago

Woman Allows Her Live-In Partner To Commit Sexual Assault On Minor Daughter: Telangana HC Denies Bail Calling Allegations 'Heinous'

Live Law  

The Telangana High Court on Tuesday denied bail to a woman who has been accused of allowing her live-in partner to commit sexual assault on her own minor daughter.The Bench of Justice G. Sri Devi was hearing the plea of a woman seeking her release on bail in connection with a case registered for the offences punishable under Sections 376, …

'Society & State Failed To Take Responsibility In Such Cases': Himachal Pradesh HC Denies Bail To Woman Allegedly Indulging Minor Girl Into Flesh Trade
3 years, 5 months ago

'Society & State Failed To Take Responsibility In Such Cases': Himachal Pradesh HC Denies Bail To Woman Allegedly Indulging Minor Girl Into Flesh Trade

Live Law  

The Himachal Pradesh High Court has denied bail to a 32 year old woman for allegedly indulging a minor girl into flesh trade with strangers. The Court observed that both the society and the State have failed to take responsibility in such cases.Justice Anoop Chitkara observed,"The reasons for the victim to run away from her home were very tragic. The …

"May Victimize Other Innocent Children; Grave Threat To Society": P&H HC Denies Bail To Man Accused Of Committing Unnatural Sex With 8 Y/O
3 years, 5 months ago

"May Victimize Other Innocent Children; Grave Threat To Society": P&H HC Denies Bail To Man Accused Of Committing Unnatural Sex With 8 Y/O

Live Law  

The Punjab and Haryana High Court has denied bail to a man accused of committing unnatural sex with an 8 year old child after observing that he may victimize other innocent children if set free.Calling the accused a grave threat to the society, a single judge bench comprising of Justice HS Madaan observed thus:"He has spoiled the life of a …

'Honour' Killing : Supreme Court Cancels Bail Granted To Man Accused Of Conspiracy To Murder Brother-in-Law In front Of Pregnant Wife
3 years, 5 months ago

'Honour' Killing : Supreme Court Cancels Bail Granted To Man Accused Of Conspiracy To Murder Brother-in-Law In front Of Pregnant Wife

Live Law  

The Supreme Court on Monday set aside an order of the Rajasthan High Court which granted bail to a man accused of conspiracy to murder in a case of honour killing.The order cancelling bail was passed in an appeal field by the wife of the deceased husband against the High Court's order. The Supreme Court on Monday set aside an …

"He Appears To Be Pervert, Would Make Life Of Young Friends Of Opposite Gender Miserable": HP High Court Denies Bail To Man Accused Of Raping Minor
3 years, 7 months ago

"He Appears To Be Pervert, Would Make Life Of Young Friends Of Opposite Gender Miserable": HP High Court Denies Bail To Man Accused Of Raping Minor

Live Law  

Observing that the conduct of the accused was so " deplorable that it would make the life of young friends belonging to the opposite gender as miserable ", the Himachal Pradesh High court on Thursday denied bail to a man who allegedly allured and raped a minor girl. The Bench of Justice Anoop Chitkara further remarked, "The accused appears to …

Granting Bail May Reinforce The Notion That Pre-Natal Diagnostic Regulation Act Is Only A 'Paper Tiger': MP HC Denies Bail To Woman Accused Of Female Foeticide
3 years, 8 months ago

Granting Bail May Reinforce The Notion That Pre-Natal Diagnostic Regulation Act Is Only A 'Paper Tiger': MP HC Denies Bail To Woman Accused Of Female Foeticide

Live Law  

Calling for strict implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, the Madhya High Court recently denied bail to a woman accused of female foeticide. A Single Bench of Justice Gurpal Singh Ahluwalia observed, "we find it imperative that no leniency should be granted at this stage as the same may reinforce the notion that the PC&PNDT Act …

"Such A Fate Would Be Violation Of Child's Right To Healthy Development As An Individual": Delhi Court Grants Bail To Mother Lodged In Jail With Her 21 Months Old Son
3 years, 8 months ago

"Such A Fate Would Be Violation Of Child's Right To Healthy Development As An Individual": Delhi Court Grants Bail To Mother Lodged In Jail With Her 21 Months Old Son

Live Law  

A Delhi Court on Wednesday granted bail to a woman, accused of dowry death and causing abortion of a three month old foetus, on the account of her being lodged in the Tihar Jail with her 21 months old son in view of her judicial custody. Additional Sessions Judge Vishal Gogne granted bail to Suman Kumari after observing that in …

'Mother Put In The Dock With Very Wild And Ferocious Allegations': Kerala High Court Grants Bail To Woman Accused Of Sexually Abusing Son
3 years, 10 months ago

'Mother Put In The Dock With Very Wild And Ferocious Allegations': Kerala High Court Grants Bail To Woman Accused Of Sexually Abusing Son

Live Law  

The Kerala High Court has granted bail to a woman accused sexually abusing her minor son.Justice V. Shircy observed that this case is quite a strange, shocking and an unusual one where a mother is put in the dock with very wild and ferocious allegations. The Kerala High Court has granted bail to a woman accused sexually abusing her minor …

Possibility Of Romantic Love Going Wrong Is There: Himachal Pradesh High Court Grants Bail To Man Accused Of Raping 16 Yr Old Girl
4 years, 1 month ago

Possibility Of Romantic Love Going Wrong Is There: Himachal Pradesh High Court Grants Bail To Man Accused Of Raping 16 Yr Old Girl

Live Law  

"Given the conduct of the victim of her voluntarily leaving her home under the pretext of fetching water from the water source and fact that the accused is also unmarried, the possibility of romantic love going wrong is there", remarked the Himachal Pradesh High Court on Thursday while granting bail to a 21-year-old man accused of raping a 16-year-old girl. …

Minor's Consent For Sexual Intercourse Relevant For Deciding Bail Application Of 'Rape' Accused: Himachal Pradesh HC [Read Order]
4 years, 1 month ago

Minor's Consent For Sexual Intercourse Relevant For Deciding Bail Application Of 'Rape' Accused: Himachal Pradesh HC [Read Order]

Live Law  

The Himachal Pradesh High Court has granted bail to a man accused of 'raping' a minor girl on the ground that the girl had consented to the sexual intercourse. "Although, she could not have consented for sexual intercourse as well as leaving custody of her custodian but for deciding the bail, her conduct is sufficient to grant bail to the …

Discover Related