A sessions court on Wednesday rejected the bail application of a 25-year-old woman, who had thrown her newborn girl who was born out of wedlock from the window of a flat on the sixth floor of a building in Ghatkopar, thereby causing the infant's death.
Rejecting the second bail application of the woman, the court said it can understand the woman could not terminate the pregnancy and therefore, did the act out of compulsion. It said further that, however, throwing the newborn child out of the window shows the knowledge and intention to kill the newly born child. Additional Sessions Judge Sanjashree Gharat said in her order that looking into the nature of the offence, the woman is not entitled for release on bail.
The court noted that from the FIR it appears that she was in an illicit relationship with one Deven Dhuri, however, she did not want the child and hence after the infant’s birth she threw the child from the window. The newborn died due to head injury as per the post-mortem report.
The applicant Amita Kasle’s first bail plea was rejected on the grounds that the investigation was in progress. In this second bail application, her lawyer had sought bail on the grounds that the investigation is complete. She had further told the court that Kasle did not have the intention to kill the child and the act was not deliberate.
The Pant Nagar police where the complaint was lodged, had opposed her release on bail. It had told the court that the woman had mercilessly thrown the newborn out of the window and caused the baby’s death. Considering the seriousness of the offence, it had prayed that she not be released on bail.
