The Bombay High Court recently granted bail to a lesbian couple accused of kidnapping a five-year-old child.

Justice Manish Pitale, presiding over a single-judge bench, observed that their actions stemmed from a desire to become parents rather than any criminal intent.

The case began in March 2024, when the child's parents lodged a missing person complaint. Investigations revealed that a co-accused had kidnapped the child and sold them to the couple for ₹9,000.

The Public Prosecutor opposed the bail plea, arguing that the monetary exchange constituted child trafficking. However, the court took into account the couple's intent and circumstances. It noted that while the offense under Section 363 of the IPC (kidnapping) was evident, it is a bailable offense.

The court emphasized the absence of material indicating the child’s custody was retained for exploitation. Justice Pitale stated in the order, “The applicants undertook an illegal approach to satisfy their desire of having a child... This may show the ingredients of the offense under Section 363 of the IPC, which is bailable.”

Additionally, the court highlighted societal prejudice against the LGBTQ+ community, noting that the applicants had already endured eight months of incarceration. It observed, “Such persons are unfortunately subjected to ridicule in society and particularly in the confines of jail.”

The bail order underscores the court’s nuanced approach, balancing legal provisions with the individual circumstances of the applicants.

Case Title: Divya Kailash Singh & Anr vs State of Maharashtra