A baby was born on Valentine’s Day. Two days later, the child’s mother was in jail, accused of trying to sell the newborn for Rs 2.1 lakh.Four months later, the Punjab and Haryana High Court — considering her plea for bail — found itself examining a case that was not merely about the alleged sale of a child, but also about poverty, desperation and a mother’s choices. In an unusual observation, the court noted that the woman stood accused of committing a crime “against her own emotions”.Granting bail to the Ludhiana woman accused of attempting to sell her newborn baby, the high court observed keeping her behind bars any longer was not necessary. A sense of remorse could develop outside the prison as well.The case before Justice Sanjay Vashisth’s bench has its genesis in an FIR registered on February 15 at a police station in Ludhiana under the provisions of the BNS and Juvenile Justice Act, which penalise the sale and procurement of children for any purpose.The bench, during the course of hearing, was told that the woman delivered a child at a nursing home on February 14 this year. Police allege that instead of taking custody of the baby, she planned to sell the infant and enlisted the help of a hospital nurse and another individual. It was added that a deal was struck for Rs 2.1 lakh, but the police intervened “when the petitioner was present for mutual consultation regarding the final step of the sale and purchase of baby”.Appearing for the petitioner before Justice Vashisth’s bench, her counsel argued that the alleged act could not be viewed in isolation from her circumstances. The woman, the court was told, was a mother of five children, belonged to an economically deprived family and received no support from her husband.Refraining from commenting on the merits of the allegations, Justice Vashisth noted that the petitioner had remained in custody since February 16 and that the trial had not yet begun despite the filing of the chargesheet.“By noticing that petitioner is inside jail since February16 for the crime, which, she in fact has done against her own emotions, this court is not of the view to keep her inside jail for any longer. Let the sense of remorse develop by the petitioner outside the jail,” Justice Vashisth’s bench said.The court accordingly ordered her release on regular bail, subject to furnishing the requisite bonds and conditions, including that she should not threaten or influence prosecution witnesses. The criminal trial would continue independently, with the high court clarifying that its observations should not be construed as an opinion on the merits of the case.