Srinagar: The High Court of Jammu & Kashmir and Ladakh at Srinagar has cancelled the bail granted to a Pulwama man accused of sexually assaulting his minor “niece”, observing that his release during investigation was “too premature” and carried a possibility of influencing the child’s testimony.
Justice M. A. Chowdhary, in a judgment pronounced on Monday, allowed a petition filed by the Union Territory of Jammu & Kashmir through Police Station Rajpora and set aside the July 11, 2025 order of the Principal Sessions Judge, Pulwama, granting bail to the accused, Rayees Ahmad Shah, a resident of Rahmoo.
The case arises out of FIR No. 56/2025 registered at Police Station Rajpora under Sections 7 and 9 of the Protection of Children from Sexual Offences (POCSO) Act. The victim’s identity has been withheld.
According to the prosecution case recorded by the High Court, the victim had gone to stay at her maternal aunt’s house at Rahmoo. On the evening of May 27, 2025, she allegedly went to sleep in a room when the accused, who is the husband of her maternal aunt, entered the room, attempted to molest her, forcibly grabbed her and touched her.
He allegedly threatened her with dire consequences if she disclosed the incident.
The judgment states that the girl managed to escape and narrated the incident to her aunt. However, she allegedly was advised not to disclose the matter to anyone as it could bring disrepute to the family.
She later disclosed the incident to her brother, who approached the police on June 13, 2025.
During investigation, police inspected the alleged place of occurrence, prepared a site plan, medically examined the victim and obtained documents relating to her age.
The investigation established that she was about 14 years old on the date of the alleged occurrence.
The case was initially registered under Sections 7 and 8 of the POCSO Act. Subsequently, Section 9 was invoked after the accused’s relationship with the child was established, while Section 8 was dropped.
The High Court also took note of the victim’s statement recorded before a Magistrate, observing that it contained incriminating allegations supporting the version contained in the FIR.
The court expressed particular concern over the possibility of the accused exerting pressure on the child, noting that he was the husband of her maternal aunt.
It observed that the Sessions Court had granted bail before completion of the investigation and without waiting for the victim to be examined by the Trial court after framing of charges.
The High Court held that the bail order suffered from perversity and cancelled the bail.
The accused has been directed to surrender before the Station House Officer, Police Station Rajpora, if the investigation is continuing, or before the competent court if the investigation has concluded and the charge-sheet has been filed.
He has been given one week to surrender, failing which coercive steps may be taken to secure his custody.
