New Delhi, Feb 10 (IANS) The Delhi High Court has granted 90 days’ interim bail to a woman accused in a cheating and fraud case, to enable her to take care of her two‑year‑old ailing daughter.

A single-judge Bench of Justice Girish Kathpalia observed that an infant of such tender age requires not only medical treatment but also the physical presence, comfort and care of the mother, which cannot be substituted.

Justice Kathpalia was hearing the accused’s plea seeking interim bail in connection with an FIR registered at Rajouri Garden police station under Sections 318(4), 336(3), 340(2), 338, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS).

“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,’” the order noted.

Opposing the plea, the prosecution argued that there were other relatives of the accused who could take care of the child during the period of illness. However, rejecting this contention, Justice Kathpalia stressed on the special needs of a child of such a young age.

“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,” the Delhi High Court said.

“I do not feel inclined to deny the infant physical company of her mother at least during the period of her illness,” the order added.

The Delhi High Court allowed the application and directed the release of the accused on interim bail for a period of 90 days, subject to furnishing a personal bond of Rs 10,000 with one surety of the like amount to the satisfaction of the trial court.

It also directed that a copy of the order be immediately sent to the concerned jail superintendent for compliance.

–IANS

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