03/06/2026
J&K High Court Grants Anticipatory Bail in R**e Case, Notes Prosecutrix’s No-Objection
Jammu// The High Court of Jammu & Kashmir and Ladakh has granted anticipatory bail to a man accused in a r**e case registered in Rajouri, taking note of the prosecutrix’s statement that she had no objection to the grant of bail and the fact that the investigation was at its concluding stage.
Justice Rajesh Sekhri passed the order while allowing a bail application filed by Shamshair Hussain Samyal under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petitioner had approached the High Court after his plea for similar relief was rejected by the Principal Sessions Judge, Rajouri.
According to the prosecution, a woman lodged a complaint at Police Station Rajouri alleging that the accused, whom she regarded as a father figure due to her friendship with his daughter, had sexually assaulted her on more than one occasion. She further alleged that the accused recorded her n**e videos, threatened her with consequences if she disclosed the incidents, and later circulated the videos on social media.
Following the complaint, an FIR was registered against the petitioner for offences under various provisions of the Bharatiya Nyaya Sanhita, including r**e and criminal intimidation.
During the hearing, senior advocate Sunil Sethi, appearing for the petitioner, contended that the statement of the prosecutrix had already been recorded before the Magistrate and that custodial interrogation was no longer required as the investigation had substantially progressed.
The prosecution opposed the bail plea, arguing that the allegations involved a grave and serious offence. However, counsel representing the prosecutrix informed the Court that she had no objection to the grant of anticipatory bail.
While examining the case, the High Court noted that the prosecutrix’s statement under Section 183 BNSS had already been recorded, her medical examination had been conducted, and the investigation was nearing completion.
Taking these factors into consideration, particularly the prosecutrix’s no-objection stand, Justice Rajesh Sekhri allowed the petition and directed that the accused be released on bail in the event of arrest upon furnishing a surety bond of ₹25,000 and a personal bond of the like amount.
The Court imposed several conditions, including that the accused shall not tamper with prosecution evidence, influence witnesses, leave the territorial jurisdiction of the trial court without prior permission, or commit any offence similar to the one alleged against him.
The bail application was accordingly disposed of.
