#Pregnancy and bail

The Rajasthan High Court has recognized pregnancy of an accused’s spouse, in the absence of any other family member to provide care, as a valid humanitarian ground for interim bail under BNSS Section 483. This sets a precedent for non-medical, family-care-based bail in NDPS cases, expanding the scope of Article 21 protections beyond the accused’s own health to include essential spousal support during critical life events.

The Rajasthan High Court has recognized the right of an accused to be with his pregnant wife during childbirth as a humanitarian ground for interim bail under Section 483 BNSS, setting a precedent for family-centric relief in pre-trial detention cases. This ruling affirms that personal bonds and societal dignity can outweigh procedural rigidity when life-altering events are imminent.

The Madhya Pradesh High Court granted anticipatory bail to a pregnant woman facing election-related fraud charges, holding that custodial arrest would inflict irreparable harm on her unborn child and three young daughters. This ruling reinforces that personal circumstances under Article 21 can override procedural rigidity in non-violent, non-premeditated offences, setting a new benchmark for gender-sensitive bail jurisprudence under the BNSS.

Madhya Pradesh High Court extends temporary bail for a hospitalized petitioner in her third trimester, emphasizing the right to health and life under Article 21. The ruling sets a precedent for humanitarian considerations overriding strict procedural timelines in criminal cases involving vulnerable accused persons.