Punjab-Haryana High Court file photo
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Dayanand Sharma, Chandigarh. The Punjab and Haryana High Court has granted six weeks interim bail to an accused booked under the NDPS Act, keeping in mind the need of his wife to take care of him during the birth of his child and the post-natal period.
Justice Sanjay Vashishtha said that the petitioner's wife was already pregnant and now on January 05, 2026, she has given birth to a daughter. Undoubtedly, at this time the petitioner's wife would need the company of her best companion i.e. her husband. The petitioner needs special attention to take care of the health etc. of his wife and new born child.
Child was born on 5th January
The petitioner had approached the High Court for interim bail of two months in connection with the FIR registered in Punjab under Section 22 of the NDPS Act. This petition was filed on the grounds that his wife was in advanced stages of pregnancy at the time of filing the petition and had subsequently given birth to a child on January 05.
The police report opposing the grant of bail stated that 1,12,000 tablets of Tramadol Hydrochloride USP 100 mg had been recovered from the petitioner and that he was allegedly part of a large drug trafficking gang.
The State further argued that the petitioner's wife is under the care of her in-laws and parents and there is a possibility of the petitioner absconding in the event of his release on bail.
'Requires care and attention'
After hearing both the parties and studying the record, the Court found that there was no dispute on the fact that the petitioner's wife had recently given birth to a child. Considering that a woman in such a condition requires the companionship and support of her husband and that both the mother and the newborn require utmost care and attention,
Without going into the details of the case, the Court held that the petitioner was entitled to limited interim relief on humanitarian grounds. The petitioner was granted interim bail on the condition that he deposits a bank guarantee in the form of FDR of Rs 5 lakh from a nationalized bank in the trial court.