The court prioritized the welfare of the child and considered the seriousness of the allegations in granting interim bail.

JUDGMENT :

JYOTI SINGH, J.

1. Present Application has been filed by the Applicant under Section 439 read with Section 482 Cr.P.C. for grant of interim bail for two months in FIR No. 186/2017 under Sections 342/363/366A/368/370/370A/372/34/109 IPC and Sections 3/5/7 ITP Act and Section 17 of POCSO Act, PS Kamla Market.

2. Applicant is in judicial custody since 23.07.2017. Interim Bail is sought on the ground that the Applicant delivered a baby boy on 21.06.2017 and was soon thereafter taken into custody. Since she was a single mother and there was nobody to take care of one month old child, the child was brought along with her to Jail. At present, the child is over 3 years of age and on account of COVID-19 virus, is susceptible/vulnerable to the infection.

3. Mr. Mukesh Kalia learned counsel for the Applicant has argued that the Applicant should be released on interim bail on compassionate and humanitarian grounds as there is a high risk to the life of the child and the present occupancy of jail exceeds the optimum capacity. During the pendency of the present Application, Mr. Mukesh Kalia had also pointed out that the child was suffering from some medical ailments. On account of this, a medical report was called from the Medical Officer of the concerned Jail.

4. Status Report has been filed in which it is stated that the prosecutrix is a native of Nepal and after her parents died in an earthquake she was being looked after by the Gram Vikas Samiti of the Village. She was brought to Delhi by one native of Nepal for getting her a job but instead she was sold to a lady namely Sita who took her to Kotha No. 56 GB Road and sold the prosecutrix to the Applicant herein who forced her into sexual relationships with customers after administering intoxicating injections. On 21.07.2017 however, the prosecutrix managed to escape and an FIR was registered against the Applicant. It is further stated that in the statement under Section 164 Cr.P.C. the prosecutrix corroborated her previous statement. The case is pending trial and 7 out of 16 witnesses have been examined including the Chief and cross-examination of the prosecutrix, wherein she has corroborated her previous statement.

5. The Application was adjourned from time to time for the Investigating Officer to produce the Complainant in accordance with the provisions of Criminal Law (Amendment) Act, 2018 as well as the judgment of the Division Bench of this Court in W.P. (C) No. 5011/2017 titled Reena Jha and Another vs. Union of India and Others and of the Coordinate Bench in Crl. M.C. No. 1474/2020 titled Miss G (Minor) through her vs. State NCT of Delhi and Another as well as the Practice Directions issued on 24.09.2019. From time to time Status Reports have been filed by the State in which it was brought out that the prosecutrix has returned to her native place in Nepal and it would take time to trace her whereabouts on account of the Pandemic COVID-19. Finally, an Additional Status Report dated 17.09.2020 was filed by the State, stating therein that the whereabouts of the prosecutrix were ascertained from the NGO which is a Rescue Foundation and it was informed that the prosecutrix is married and settled in Nepal and in case so required, the Vice President of the Rescue Foundation will appear before the Court to confirm the said fact. Repeated efforts to serve her have been unsuccessful.

6. Ms. Dahiya learned APP for the State has vehemently opposed the grant of Interim Bail on two grounds. Firstly, it is contended that the allegations against the Applicant are serious and the prosecutrix in her Examination-in-Chief has corroborated the allegations and has withstood the Cross-examination. She draws the attention of the Court to certain specific questions in this Examination-in-Chief to point out that the Applicant has indulged in a very serious and heinous crime. Secondly, it is submitted that the medical status of the child has been ascertained after duly examining the child. The Applicant