In the matter related to applicant mother who gave birth to a female child who was killed by her and family members, the single bench of the MPHC comprising of Justice G S Ahluwalia dismissed the third bail application filed by Anju Rawat. The court stated that considering the facts and circumstances of the case coupled with the fact that the previous bail application of applicant was already dismissed on merits and the allegations are that since the applicant had given birth to a female child, therefore, the child was killed by her and family members, no case is made out for taking a contrary view in the matter. The application was then dismissed.”

This was the third application filed by the applicant for grant of bail. The second application was dismissed by order dated on January 22, 2021. The applicant was arrested on November 5, 2020 in connection with crime registered by Police Station Kotwali, Morena district for offence punishable under Sections 302, 120-B and 34 of IPC.

Counsel for the applicant submitted before the High Court that in-fact the child had died due to the negligence of doctors. The marks found on the neck of child could have been caused due to umbilical cord. It is further submitted that from the evidence of witnesses who have already been examined, it is clear that the family members of the child were alleging that their child has been killed by the doctors. Per contra, the application is opposed by the counsel for the respondent/State. It is submitted that so far as the appreciation of evidence recorded in the trial is concerned, the same is not permissible at the stage of bail. The allegations are that when the child was given to the applicant for feeding purposes, then applicant along-with all her family members as well as the child disappeared from the hospital. They were called back by giving a call. The death of child was found to be homicidal in nature. If the allegations are that infact the child was killed by the doctors, then why the matter was not reported by applicant or her family members.