Bombay High Court grants temporary bail to pregnant woman in drug case, cites concerns for mother and baby

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The Nagpur bench of the Bombay High Court has granted six months' temporary bail to a pregnant woman arrested in connection with a narcotics case, highlighting the potential harm to both the mother and child if she were to give birth in prison. The court noted that delivering a child in the prison environment could have negative consequences and that even a prisoner is entitled to dignity during such a crucial time.

The order, passed on November 27, was issued by a single bench of Justice Urmila Joshi-Phalke. The court directed the release of the woman, Surbhi Soni, on bail for six months, recognising the humanitarian grounds for her plea.

Soni, who was arrested in April 2024, faces charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution alleges that a raid conducted by the Gondia Railway Security Force on a train resulted in the seizure of 33 kilograms of ganja, a narcotic substance. Of this, 7 kilograms were reportedly found in Soni's luggage. At the time of her arrest, Soni was two months pregnant.

Soni filed a plea seeking temporary bail, citing her pregnancy and requesting permission to deliver her baby outside of prison. Her request was opposed by the prosecution, which argued that the commercial quantity of drugs involved made her case serious, but assured that she would receive appropriate medical care during her confinement.

In its ruling, the bench acknowledged the prosecution's arguments but emphasised the adverse effects of giving birth in a prison environment. "Delivering a child in prison may have consequences for both the mother and the baby, which cannot be overlooked," the bench stated. It further noted that while Soni could receive medical care at a government hospital, the conditions in jail would not be conducive to a safe and dignified childbirth.

The court also recognised that while there was prima facie evidence against Soni, releasing her on bail would not hinder the ongoing investigation, as the chargesheet had already been filed. The high court thus ruled that humane considerations outweighed the prosecution's objections in this instance.

Soni's temporary release on bail comes as a compassionate response to her pregnancy, reflecting the court's recognition of her right to dignity even while facing serious charges under the NDPS Act. The ruling underscores the importance of considering the welfare of pregnant women in custody, particularly in situations that could affect both the individual and their unborn child.

As per PTI, the court's decision brings attention to the need for humane considerations in cases involving women prisoners, particularly in relation to childbirth in jail conditions.

(With inputs from PTI)