Delhi Court deny Bail to Domestic Worker who held liable for kidnapping

Chaini Parwani –

Published On: November 11, 2021 at 18:50 IST

A Delhi Court dismissed the Bail of a domestic worker held liable for kidnapping and threatening to kill a child for the sake of recovering her wages from the child’s parents, observing that it cannot be a process to claim wages by any stretch of the imagination.

Additional Sessions Judge Samar Vishal denied the Bail Plea of the domestic worker who is alleged to have kidnapped the complainant’s child before fleeing to Rajasthan.

The Court observed, “Even if she has kidnapped the child to recover her wages, it can, by no stretch of imagination, be a method for the same. There are counter claims from both the sides about whether she demanded wages or more money which shall be a matter of trial. However, considering the seriousness of the offence, the fact that she may be a flight risk as having no permanent address in Delhi and also the fact that she left her parental house way back in the year 2018 as she did not want to live with her parents, she does not have a prima facie case of Bail.”

The case came to light when the accused fled with the complainant’s child after she repeatedly demanded her wages from the child’s parents.

The domestic worker, while fleeing to Rajasthan, continued to demand her wages through a series of messages stating that she would kill the child if the demand was not fulfilled.

The domestic worker has been Accused under Sections 363 (Punishment for Kidnapping) and 364 (A) (Kidnapping for Ransom) of the Indian Penal Code (IPC).

The Advocate representing the Domestic Worker pleaded for Bail stating that she was the only bread-earner in her family and was poor. 

Further, the Bail was denied on the grounds of the woman’s having no permanent address in Delhi, having committed a severe offence which is punishable by death sentence, and that her intention was clear from the messages she sent.

The Prosecutor also stated that her Advocate’s claim that she is poor and the only breadwinner of the family is falsified as she had left her home and parents in 2018. 

The father of the domestic worker confirmed the same when asked by the Court.

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