J&K HC Cancels Bail In Rape Case, Says Trial Court Relied On Irrelevant Factors&#8217

(MENAFN- Kashmir Observer) Srinagar- The High Court of J&K and Ladakh has set aside a court order granting bail to an accused facing trial in a rape case, holding that the trial court in Bandipora relied on irrelevant considerations and undertook an impermissible detailed analysis of evidence at the bail stage.

A bench of Justice Sanjay Dhar passed the order while allowing a petition filed by the Union Territory challenging the June 27, 2024 order of the Additional Sessions Judge, Bandipora, which had enlarged the accused, Parvaiz Ahmed Ganie, on bail in FIR No. 155/2022 registered at Sumbal Police Station under Sections 341, 376 and 506 IPC.

ADVERTISEMENT

According to the prosecution, the victim alleged that on December 27, 2022, while she was carrying cow dung to her farmland, the accused followed her, tore her clothes and forcibly committed sexual intercourse. The accused was arrested on December 29, 2022, and a chargesheet was subsequently filed after investigation.

The trial court had granted bail after noting factors such as non-seizure of a lighter and muffler allegedly used during the crime, absence of spermatozoa on the victim's seized clothing, discrepancies regarding the place of occurrence, delay in lodging the FIR, and the accused's incarceration of over 18 months.

However, the High Court held that these considerations were not sufficient grounds for granting bail. The court observed that non-seizure of certain articles or absence of spermatozoa on the victim's clothing could not by themselves discredit the prosecutrix's testimony if it was otherwise reliable. The Court emphasized that a trial court, while deciding a bail application, cannot undertake a meticulous examination of evidence or assess witness credibility in detail.

The Court further noted that statements of other eyewitnesses cited by the prosecution were yet to be recorded and that there was no material suggesting any previous enmity that could indicate false implication of the accused.

Rejecting the argument that prolonged incarceration justified bail, the High Court observed that charges had been framed in April 2023 and two key witnesses, including the prosecutrix and her father, had already been examined.

It held that a delay of a few months in the trial of a serious offence such as rape could not automatically be treated as a violation of the accused's right to a speedy trial.

The court also underscored the gravity of offences against women, observing that granting bail at the initial stage of trial in such cases could have a chilling effect on women's sense of safety.

Read Also J&K HC Warns Against Unverified AI Citations, Fines School ₹25K J&K HC Sets Aside Order Granting Pay To Contractual Employees

The Court found that the trial court had failed to consider the seriousness of the allegations and their societal impact.

ADVERTISEMENT

Holding the bail order to be“illegal and perverse,” the High Court cancelled the bail granted to the accused and directed him to surrender before the trial court within one month. The Court also granted liberty to the accused to seek fresh bail after statements of the remaining eyewitnesses are recorded.

Additionally, the trial court was directed to fix a schedule for recording the statements of the remaining eyewitnesses and ensure expeditious progress of the trial.

MENAFN07062026000215011059ID1111221907