HC cancels bail to accused in minor’s POCSO case
16/09/2026
JAMMU, Sep 15: The High Court of Jammu & Kashmir and Ladakh has cancelled the bail granted to a man accused of sexually assaulting a minor relative, observing that his release during the investigation was premature and could potentially affect the course of justice.
Justice M.A. Chowdhary allowed a plea filed by the Union Territory challenging the July 11, 2025 order of the Principal Sessions Judge, Pulwama, which had granted bail to accused Rayees Ahmad Shah in FIR No. 56/2025 registered at Police Station Rajpora.
According to the prosecution case, the minor was staying at her maternal aunt's house when she was allegedly sexually assaulted and threatened by the accused, who is the husband of her maternal aunt. During the investigation, her statement was also recorded before a Magistrate.
Government Advocate Jehangir Ahmad Dar appeared for the UT, while advocate Tariq M. Shah represented the accused.
The High Court observed that the allegations concerned sexual violence against a child inside the house of close relatives and that the statement recorded before the Magistrate supported the version contained in the FIR.
Justice Chowdhary noted that the trial court was required to consider whether granting bail at that stage would advance or thwart the course of justice, particularly in view of the possibility of pressure being exerted on the child witness. The court further held that grant of bail before completion of the investigation was premature in the circumstances of the case.
Setting aside the Sessions Court order, which the High Court found to be legally unsustainable, Justice Chowdhary directed the accused to surrender before the concerned SHO or competent trial court within one week.
The court said that in case of failure to surrender, coercive steps shall be taken to secure his custody.
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