Wife & Newborn Need Husband’s Care Post-Delivery: P&H High Court Grants Interim Bail To NDPS Accused
The petitioner had approached the High Court seeking interim bail for a period of two months.
Justice Sanjay Vashisth, Punjab and Haryana High Court
The Punjab and Haryana High Court has granted interim bail for a period of six weeks to an accused facing prosecution under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, taking into consideration the recent birth of his child and the need for his presence to support his wife during the post-partum period.
The petitioner had approached the High Court seeking interim bail for a period of two months in connection with FIR registered under Section 22 of the NDPS Act highlighting that his wife was in an advanced stage of pregnancy when the petition was filed and had since given birth.
A Bench of Justice Sanjay Vashisth observed that the petitioner’s wife had been pregnant at the time the application was filed and subsequently delivered a baby girl. The Court said, "the petitioner's wife was earlier in a family way and now on 05.01.2026 has been blessed with a female child. Undoubtedly, at such stage, wife of the petitioner would require company of her best companion i.e. her husband. Undoubtedly, wife of the petitioner and the newly born child require the utmost attention to look after their health etc."
Advocate Sumit Dua appeared for the Petitioner and Advocate Jasdeep Singh appeared for the Respondent.
The State opposed the grant of interim bail through a status report, drawing the Court’s attention to the seriousness of the allegations. It was contended that a massive recovery of 1,12,000 tablets of Tramadol Hydrochloride USP 100 mg had been effected from the petitioner’s possession. The prosecution further alleged that the petitioner was involved in a large-scale drug-peddling syndicate. Additionally, the State argued that the petitioner’s wife was already being looked after by her parents and in-laws and expressed apprehension that the petitioner might abscond if released on bail.
The Court noted that there was no dispute regarding the fact that the petitioner’s wife had recently delivered a child. The Court observed that the post-delivery period is a sensitive phase during which a woman requires the presence, care, and support of her husband. The Court further observed that the newborn child and the mother both need attentive care at this crucial stage.
Without entering into the merits of the allegations or the prosecution case, the Court held that the petitioner was entitled to limited interim relief. Accordingly, the High Court granted interim bail to the petitioner for a period of six weeks.
The Court directed the petitioner to furnish a bank guarantee in the form of a Fixed Deposit Receipt (FDR) of ₹5,00,000 from a nationalised bank, to be deposited with the trial court as a condition for his release.
Cause Title: Ajay Kumar v. State of Punjab, [2026:PHHC:000829]