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| HC cancels relief to accused in minor's POCSO case | | | Early Times Report
JAMMU, Sept 15: The High Court of Jammu & Kashmir and Ladakh has cancelled the bail granted to a man accused of sexually assaulting a minor relative, holding that his release during the investigation was "too premature" and could potentially affect the course of justice.
Justice M.A. Chowdhary allowed the plea filed by the Union Territory challenging the July 11, 2025 order of the Principal Sessions Judge, Pulwama, granting bail to accused Rayees Ahmad Shah in FIR No. 56/2025 of Police Station Rajpora.
The prosecution case alleges that the minor, while staying at her maternal aunt's house, was sexually assaulted and threatened by the accused, who is the husband of her maternal aunt. During 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 child had allegedly been subjected to sexual violence inside the house of close relatives and that her statement before the Magistrate supported the version recorded in the FIR. The trial court, the High Court said, should have considered whether grant of bail would advance or thwart the course of justice.
Justice Chowdhary further observed that granting bail before completion of investigation was premature, particularly when there remained a possibility of pressure being exerted on the child witness.
Setting aside the Sessions Court order as suffering from perversity, the High Court directed the accused to surrender before the concerned SHO or competent trial court within one week, failing which coercive steps shall be taken to secure his custody.
(JNF) |
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