New Delhi, Dec 27:
The Jammu and Kashmir and Ladakh High Court has granted bail to a man accused of rape, while underlining the grave and lasting impact of sexual violence on survivors. The court observed that while murder ends a life physically, rape causes deep psychological and emotional destruction that scars the victim for life.
Justice Mohd Yousuf Wani, who heard the bail application, described the alleged offence as serious and socially abhorrent. However, the court noted that the accused had been in judicial custody since December 2024, and that the criminal trial was already in progress with the survivor’s testimony recorded.
While acknowledging the severity of the charge, the court held that continued detention was not justified at this stage of the proceedings. The judge observed that there was no specific material on record to suggest that the accused, if released on bail, would attempt to influence or intimidate the survivor or other prosecution witnesses.
The accused had approached the High Court after the trial court rejected his bail plea. The case dates back to 2019, when he was initially booked under the Protection of Children from Sexual Offences (POCSO) Act. During the course of the trial, the charge was altered to Section 376 of the Ranbir Penal Code after the court concluded, based on available evidence, that the survivor was a major at the time of the alleged incident.
Seeking bail, the accused claimed innocence and argued that he had been falsely implicated. His counsel contended that the survivor’s statements had undergone changes at later stages of the proceedings, and that the allegation of rape emerged only after the prosecution failed to sustain charges under the POCSO Act.
The prosecution opposed the bail plea, maintaining that the offence was non-bailable and struck at the core of social morality. It further argued that the accused was influential and could disrupt the trial process if released.
After weighing the submissions from both sides, the High Court granted bail, while reiterating that the observations made were limited to the bail stage and would not affect the merits of the case during trial.
