The High Court of Jammu & Kashmir and Ladakh at Srinagar has granted bail to an accused in a case registered under Sections 64(1), 79, and 351 of the Bharatiya Nyaya Sanhita (BNS), involving allegations of sexual assault made by a co-traveller during a group trip from Manali to Ladakh.
Justice Sanjay Dhar observed that the materials collected by the Investigating Agency did not, prima facie, support the prosecution’s case. The Court noted inconsistencies in the complainant’s account and highlighted that her continued association with the accused post the alleged incident including sharing car rides, group interactions, and refraining from informing others raised serious doubts about the veracity of her claims.
The complainant, a law graduate, had filed the complaint more than two months after the alleged incident, citing personal travel and emotional distress as reasons for the delay. However, the Court found the delay to be inadequately explained, especially given her legal background.
Statements of co-travellers and the trip organizer recorded under Section 183 BNSS did not corroborate the complainant’s version. The group organizer specifically noted that the prosecutrix showed no behavioural changes and that the petitioner accompanied her on return to Mohali at her own insistence.
Taking into account that the accused had cooperated during the investigation, surrendered voluntarily, had no prior criminal antecedents, and handed over his electronic devices to the authorities, the Court held that continued incarceration would be unjustified and prejudicial to his right to prepare a defence.
The Court allowed the bail with strict conditions, including furnishing a personal bond of ₹50,000 with sureties, surrender of passport, cooperation with investigation, and a bar on any contact with witnesses.
Justice Dhar clarified that the observations were limited to the bail proceedings and would not affect the outcome of the trial.
Appearances:
Petitioner: Mr. Syed Faisal Qadiri, Sr. Advocate, with M/S: Zamir Abdullah, Mr. Zahir Abdullah, Niruikar Singh, Sirhaan Seth & Sheezan Hashmi, Advocate
Respondent: Mr. T. M. Shamsi, DSGI, with Mr. Faizan & Ms. Bisma Ali, Advocate