The Punjab and Haryana High Court has granted bail to a Ludhiana woman accused of attempting to sell her newborn baby for Rs 2.1 lakh, observing that she committed a crime 'against her own emotions' and that a sense of remorse could develop outside prison.
Case Background
The case stems from an FIR registered on February 15 at a police station in Ludhiana under the Bharatiya Nyaya Sanhita and Juvenile Justice Act, which penalize the sale and procurement of children. According to police, the woman gave birth at a nursing home on February 14, Valentine's Day, and instead of taking custody, she allegedly planned to sell the infant with the help of a hospital nurse and another individual. A deal was struck for Rs 2.1 lakh, but police intervened during a mutual consultation regarding the final step of the sale.
Court's Observations
Justice Sanjay Vashisth's bench heard the bail plea and was informed that the woman is a mother of five children from an economically deprived family and receives no support from her husband. Her counsel argued that the alleged act could not be viewed in isolation from her circumstances. Refraining from commenting on the merits, the court noted that the petitioner had been in custody since February 16 and the trial had not yet begun despite the chargesheet being filed. The bench stated, 'By noticing that petitioner is inside jail since February 16 for the crime, which, she in fact has done against her own emotions, this court is not of the view to keep her inside jail for any longer. Let the sense of remorse develop by the petitioner outside the jail.'
Bail Conditions
The court ordered her release on regular bail subject to furnishing requisite bonds and conditions, including that she should not threaten or influence prosecution witnesses. The criminal trial will continue independently, and the high court clarified that its observations should not be construed as an opinion on the merits of the case.
