Thu Nov 21 18:39:57 UTC 2024: **Bombay High Court Grants Bail to Lesbian Couple Accused of Child Kidnapping**
**Mumbai, November 22, 2024** – The Bombay High Court granted bail to a lesbian couple arrested in March on charges of kidnapping and trafficking a five-year-old girl. Justice Manish Pitale, in a November 19th judgment, acknowledged the couple’s desire to have a child as a motivating factor, stating their actions stemmed from a wish to become parents.
While the court found sufficient evidence to suggest the couple’s involvement in the child’s abduction, it noted the lack of evidence indicating exploitation. The judge highlighted the couple’s eight-month imprisonment and the societal prejudice faced by the LGBTQ+ community, influencing the bail decision. The court determined that while the couple’s actions may constitute the bailable offense of kidnapping under Section 363 of the Indian Penal Code, the charges of trafficking under Section 370 were not substantiated.
The child’s parents reported their daughter missing on March 24th, 2024. Police located the child the following day at the couple’s home. Investigations revealed the couple allegedly paid ₹9,000 to intermediaries to obtain the child. Three other individuals are also implicated in the case.
The court granted bail on the condition that the couple furnish personal bonds of ₹25,000 each, with one or two sureties of the same amount. They are mandated to attend all court proceedings unless exempted with written justification. The case continues.
First Piper 