Regular v. Union Territory Of J And K Th. SHO PS Devsar
Case at a glance
Outcome
Disposed of
The petition stands disposed of
Provisions considered
Key paragraphs
- Para 0808. Accordingly, the petitioner is admitted to bail subject to the terms and conditions to be settled by the Court of Principal Sessions Judge, Kulgam upon production of a certified copy of this order by the petitioner.
Judgment
Through: Mr. Mohammad Shafi Bhat, Advocate with …Applicant(s)/Petitioner(s) Mr. Mohan, Advocate Mr. Aatir Shafi Dar, Advocate. VERSUS Union Territory Of J And K Th. SHO PS Devsar. Through: None. …Respondent(s) CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE. ORDER 24.03.2026
Heard Mr. Mohammad Shafi Bhat, learned counsel for the petitioner at length.
The petitioner is an undertrial in a criminal case for the alleged commission of offences under Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2022 read with Section 5J(II)/6 of Protection of Children from Sexual Offences Act, 2012.
The petitioner, after having suffered rejection of bail from the Court of Sessions Judge, Kulgam, has petitioned this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for the purpose of seeking bail in the matter.
The petitioner’s plea for seeking bail is on the footing that the Prosecution’s evidence which has so far come on record is heading towards a state of facts wherefrom it would be forthcoming that the petitioner and the alleged victim were in a courtship borne out of mutual liking and affection for each other which had existed for last more than one year before the alleged incident. The relationship between the petitioner and the victim can thus be referred to as youthful indiscretion.
This Court has gone through the statement of the victim as prosecution witness which is annexed with the present bail petition. The victim came to be examined as Prosecution Witness No. 2 on 23.07.2025.
In her statement, the victim is found stating and meaning the fact, with all emphasis and assertiveness, that she was voluntarily in relationship with the petitioner without any act of deception or allurement played upon her from the end of the petitioner.
In the backdrop of the said stance of the victim, the petitioner makes out a case for seeking indulgence of this Court in granting bail to him.
Accordingly, the petitioner is admitted to bail subject to the terms and conditions to be settled by the Court of Principal Sessions Judge, Kulgam upon production of a certified copy of this order by the petitioner.
Operative part
The petition stands disposed of.
A copy of this order be also forward by the Registrar Judicial, Srinagar to the Court of Principal Sessions Judge, Kulgam. (RAHUL BHARTI) JUDGE SRINAGAR 24.03.2026 Bisma Jan.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — s. 64; Protection of Children from Sexual Offences Act, 2012 — ss. 5J(II), 6; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.