J&K and Ladakh High Court Grants Bail To Accused In Attempted Rape Case; Takes Note Of His Social Position As Doctor
The Jammu & Kashmir and Ladakh High Court was considering a petition filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Justice Mohammad Yousuf Wani, Jammu & Kashmir and Ladakh High Court
While noting that it was not to be believed the accused would misuse the concession of bail, considering his social position as a Doctor, the Delhi High Court has granted him bail in an attempted rape case.
The High Court was considering a petition filed by the petitioner under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeking bail in a case registered under Sections 64 and 62 of the Bharatiya Nyaya Sanhita, 2023.
The Single Bench of Justice Mohd Yousuf Wani held, “Having regard to his social position as a Doctor, he is not believed to misuse the concession of bail, if granted in his favour. The apprehensions of the prosecution can however be met by imposing reasonable bail conditions. The object of the bail is to give the accused in custody of a surety who will be required to subject himself to the final outcome of the trial of the case.”
“The petitioner/accused has been in custody in the case since 14.01.2026 i.e for about five months. He is supposed to have been badly suffering on account of his continued detention in the case. The trial of the case is going on and the statements of some material witnesses including the complainant are believed to have been recorded at the trial.”
Advocate Umar Rashid Wani represented the Petitioner, while Deputy AG Bikramdeep Singh represented the Respondent.
Factual Background
It was alleged that the complainant approached the Hospital for her medical examination and treatment. She alleged that during her medical examination, the petitioner, who is a doctor by profession, took her to another room and did not allow her sister-in-law to accompany her. As per the complainant, the petitioner asked her to remove her clothes and attempted to commit rape upon her, and she escaped. The petitioner was formally arrested in the case on the same day.
Reasoning
On a perusal of the facts of the case, the Bench noted that the offences alleged against the petitioner/accused i.e Section 62 read with 64 BNS, carry a maximum sentence which may extend to one-half of the imprisonment for life, which does not attract the embargo under the provisions of Section 480 of BNSS.
“There appears to be no compelling need for the petitioner/accused in custody. The petitioner/accused is presumed to be innocent till proved guilty at the trial. He also has a constitutional guarantee of his liberty under the provisions of Article 21 of the Constitution of India”, it added.
The Bench also noticed that the offence charged against the petitioner/accused is heinous in nature and highly anti-social.
However, considering the period of incarceration and the stage of investigation as well as the examination of witnesses, the Bench granted bail to the accused subject to his furnishing surety & personal bonds in the sum of Rs 1lakh.
Cause Title: Dr. Abdul Majeed Bhat v. Union Territory of J&K (Neutral Citation: 2026:JKLHC-SGR:119)