JUDGMENT 1. - In the instant second bail petitions only ground advanced before me on behalf of the petitioner is that petitioner's 22 months baby is also confined in Jail along with her. This fact could not have been raised at the time of submissions on first bail applications. Therefore the petitioner should be enlarged on bail looking to the well being of the child. 2. The learned Public Prosecutor as well as the learned counsel appearing on behalf of the complaint opposed the bail applications. 3. I have reflected over the rival submissions and carefully scanned the material placed on record as well as the report submitted by the Deputy Superintendent District Jail Jhunjhunu. 4. Admittedly when the petitioner was sent to jail she was having on her lap a 12 months baby and for the last 10 months the baby is confined along with the petitioner in Jail. 5. Article 39(f) provides thus : "(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment." The right to live with human dignity is the fundamental right of every citizen and so in the discharge of its responsibility to the people, the State recognises the need for maintaining establishments for the care of those unfortunates, both women and children. 6. In Sheela Barse and another v. Union of India and others ( AIR 1986 SC 1773 ) it was indicated by their Lordships of the Supreme Court that "if a child is a national asset, it is the duty of the State to look after the child with a view to ensuring full development its personality. That is why all the statutes dealing with children provide that a child shall not be kept in jail. There can be no doubt that incareceration in jail would have the effect of dwarfing the development of the child, exposing him to baneful influences, coarsening his conscience and alienating him from the society." 7. The baby of the petitioner Jamuna who is in confinement without no fault of his/her is entitled to opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and his/her childhood and youth should be protected against exploitation and against moral and material abandonment.
The baby of the petitioner Jamuna who is in confinement without no fault of his/her is entitled to opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and his/her childhood and youth should be protected against exploitation and against moral and material abandonment. His/her incarceration in jail would have the effect of dwarfing his/her development exposing him/her to baneful influences, coaresening his/her conscience and alienating him/her from the society. Under these circumstances I have no option but to release the petitioner, who is mother of the baby of 22 months, on bail looking to the welfare of the baby. 8. Resultantly, the bail applications stand allowed and it is directed that the petitioner shall be released on bail on her furnishing a person bond in the sum of Rs. 30,000 (rupees thirty thousand) with two sureties in the sum of Rs. 15,000/- (rupees fifteen thousand) each to the satisfaction of the trial court for her appearance during the trial on all dates of hearing and as and when she is called upon to do so. The petitioner is directed to incorporate a condition in the bail bond and personal bond that she will not tamper with the prosecution witnesses. *******