Bombay HC grants bail to lesbian couple in child abduction case  

The couple was driven by their desire to have a child and become parents, says court

The Bombay High Court has granted bail to a lesbian couple, arrested for allegedly kidnapping and trafficking a five-year-old girl. The court in its November 19 judgment observed that the actions of the couple were driven by their desire to have a child and become parents.

Passing the judgment, a Single Bench judge Manish Pitale observed, “The applicants [accused couple] have been able to show sufficient material to reach a prima facie conclusion that they can be said to be persons belonging to the said LGBTQ+ community. They have already suffered incarceration for about eight months. Such people are unfortunately subjected to ridicule in society and particularly in the confines of jail. In the light of the fact that they have made out a prima facie case in their favour, this court is inclined to allow the present application.”

Justice Pitale said in this backdrop, at worst, it can be said that the couple undertook an illegal approach to satisfy their desire of having a child by conniving with the co-accused to take away the minor girl child from her parents. This may show the ingredients of the offence under Section 363 of the IPC, which is bailable, it did not satisfy the ingredients for trafficking under Section 370.

“Although a strong prima facie case is made out against the applicants [accused couple] that they indeed received the minor girl from the co-accused persons, there does not appear to be any material to show that the child was exploited,” the court said.

The FIR against the couple was registered in March this year on a complaint by the child’s parents in suburban Mumbai. Apart from the couple, three other persons are also accused in the case.

In their complaint, the girl’s parents said their child went missing on March 24, 2024. After the case was registered, police traced the girl to the lesbian couple’s house the next day. The duo allegedly paid ₹9,000 to the other accused in the case for arranging the child.

Justice Pitale granted them bail and directed the couple to furnish personal bonds of ₹25,000 each with one or two sureties of the same amount to the satisfaction of the trial court. “The couple shall attend the trial court proceedings on every date, except when exempted, for reasons to be recorded in writing and the application is disposed of,” the court said.

Published - November 22, 2024 12:09 am IST