The Bombay High Court granted bail to a mother charged with assaulting her son, criticizing the allegations as unbelievable amid a complex custody dispute. Concerns about the child’s health were noted.
Mumbai: The Bombay High Court on Tuesday granted bail to a 28-year-old woman who was arrested along with her partner for allegedly assaulting her seven-year-old son. While granting relief, the court observed that “no mother would beat up her own child”.
A single bench of Justice Milind Jadhav noted that there was an ongoing matrimonial dispute between the complainant father and the accused mother, due to which the child has been suffering and has become a scapegoat.
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The court referred to medical reports, which revealed that the boy suffers from epilepsy and regular seizures, and is also malnourished and anemic. It also noted that the mother had made efforts to provide care and support to the child.
The woman had been in custody since October 2023, following her arrest in Mumbai.
The case was based on an FIR lodged by the boy’s biological father in Dahisar, Mumbai. The complaint alleged that the woman and her partner had repeatedly assaulted the child and even attempted to kill him. Additionally, it accused the woman’s partner of sexually assaulting the boy.
However, the High Court rejected these claims, calling them prima facie unbelievable, stating,
“No mother can be thought of beating her own child.”
While granting bail on a personal bond of Rs 15,000, the court also criticized the police for failing to follow mandatory provisions under the Criminal Procedure Code, which require informing the accused of the grounds of arrest.
According to the complaint, the boy had been living with his father in Ratnagiri, Maharashtra, after his parents separated in 2019. In 2023, the woman allegedly took the child to Mumbai against the father’s wishes.
The court’s observations and decision to grant bail indicate that the case may not be as straightforward as initially presented, and further legal proceedings are expected.
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