The Bombay High Court has granted bail to a woman who had been imprisoned for several months, despite being charged with a bailable offence. The court highlighted that her detention was unwarranted, particularly due to her child’s critical health condition.
Reshma Shrivastav was held at Byculla Women’s Prison in Mumbai since August 22, 2024, facing charges under Section 238 of the Bharatiya Nyaya Sanhita (BNS) for allegedly causing the disappearance of evidence. Despite the charge being bailable, procedural delays resulted in her extended incarceration.
During a hearing on February 13, a division bench criticized the ongoing detention, asserting, “She should have been granted bail. The authorities should have been more considerate in this matter.”
Shrivastav’s case is connected to the discovery of a woman’s body in a sack in Mumbai’s Mankhurd area in August 2024. Police indicated that the victim, a woman in her early twenties, was murdered over a family dispute, with arrests made quickly following the incident. Shrivastav, who lost her husband in a train accident, was accused of inadvertently aiding in the disposal of evidence at her brother’s request.
Her defense attorney argued that her detention was particularly harsh given her two young children, one of whom, just over a year old, has been with her in custody and suffers from serious health issues. “Her daughter is in critical condition and has required oxygen support, nebulization, antibiotics, and blood transfusions at JJ Hospital. Bail should have been granted long before now,” her lawyer emphasized.
Despite the charges being bailable, the Kurla Magistrate Court had ordered her custody, and the Mumbai Sessions Court subsequently denied her bail, citing the gravity of the case.
However, during the hearing, the prosecution confirmed that Shrivastav’s alleged involvement pertained solely to Section 238 of the BNS. The high court expressed strong disapproval of her prolonged detention, stating, “The petitioner ought to have been granted bail forthwith.”
