In what could become a decisive humanitarian factor in the bail proceedings, Senior Advocate Purnendu Chakraborty, appearing for IRS Officer Prabha Bhandari, is understood to have placed significant emphasis on her pregnancy and the fact that a child was born while she was in custody, a circumstance that may attract the protection of Article 21 of the Constitution and potentially emerge as a prominent ground influencing the court’s consideration of early bail.
In what appears to be a significant humanitarian dimension to the bail proceedings, pregnancy and the birth of a child while in custody are being projected as the central factors that may weigh in favour of early bail for Prabha Bhandari in a corruption case being probed by the Central Bureau of Investigation (CBI).
Bhandari, a 34-year-old woman officer, has been in judicial custody since 31 December 2025. As recorded before the Special Judge, CBI, Lucknow, it has been stated that she is around three months pregnant and is also the sole caregiver of a one-year-old child, with no other female family member available to look after the infant. These circumstances are expected to form a crucial part of the court’s consideration.
Childbirth in Custody May Invoke Article 21
The defence is understood to have relied heavily on Article 21 of the Constitution, which guarantees the right to life and dignity, to argue that compelling a woman to give birth or raise a child within prison premises could amount to an infringement of fundamental rights, not only of the mother but also of the child.
Judicial precedents cited in the bail reply appear to recognise that childbirth in custody can be traumatic and may have long-term psychological implications for a child who has no connection with the alleged offence. Courts, in earlier cases, have indicated that exposing a child to prison life should be avoided unless there is a compelling risk in releasing the mother on bail.
Courts Expected to Show Sensitivity Towards Pregnant Women
The bail plea reportedly places reliance on the Punjab and Haryana High Court decision in Amanjot Kaur v. State of Punjab, where pregnancy was treated as a “special circumstance” justifying bail, even in serious offences. The ruling suggested that, at least temporarily, the gravity of the allegations may have to yield to considerations of dignity and bodily autonomy guaranteed under Article 21.
Supreme Court Observations on Children in Prisons
Further support appears to have been drawn from the Supreme Court’s observations in Satender Kumar Antil v. CBI, where the apex court noted that over 1,000 children are currently living in prisons with their mothers. The Court had cautioned that children growing up in custodial environments face the risk of inheriting poverty, stigma, and criminal influence, making it imperative for courts to exercise heightened sensitivity when dealing with bail pleas of women accused.
Statutory Relaxation for Women Accused
The bail application is also understood to invoke the proviso to Section 437 CrPC / Section 480 BNSS, which grants statutory relaxation to women accused, regardless of the seriousness of the offence. The Supreme Court has previously upheld this relaxation even in cases involving grave economic offences, indicating that humanitarian considerations for women are deeply embedded in criminal law.
Custody May No Longer Serve Investigative Purpose
Apart from the humanitarian grounds, it has been recorded that custodial interrogation, voice sampling, and other investigative processes have been completed, suggesting that continued incarceration may no longer be necessary for the purposes of investigation. Nevertheless, the defence appears to be positioning pregnancy and child welfare as an independent and overriding ground, separate from the merits of the allegations.
A Broader Constitutional Question
The case, therefore, may go beyond the immediate facts of the alleged offence and raise a larger constitutional issue: whether a pregnant woman and an infant should continue to bear the burden of incarceration when constitutional principles emphasise dignity, compassion, and the protection of childhood.
Legal observers are likely to watch the proceedings closely, as the outcome could indicate how firmly courts continue to apply Article 21 protections in cases involving women accused, particularly in high-profile criminal investigations.
