Basharat Ahmad Bhat secures bail after two years in custody; High Court emphasizes consensual nature in alleged rape case.
Srinagar, December 19, 2025 - In a significant ruling, the Jammu and Kashmir High Court, presided by Justice Sanjay Dhar, granted bail to Basharat Ahmad Bhat in a contentious rape case under Section 376 of the Indian Penal Code. The decision came after the court considered evidence suggesting a consensual relationship between the accused and the prosecutrix, despite the serious nature of the charges.
The case originated from FIR No.80/2023 filed at Police Station, Soura, based on allegations by the complainant, Abdul Majid, claiming that his granddaughter was raped and impregnated by Basharat Ahmad Bhat. The prosecutrix's age was determined to be over 18 years, and she testified under Section 164 of Cr.P.C., detailing the incidents with Bhat.
Bhat's bail application was previously rejected twice by the trial court, prompting him to approach the High Court. His counsel argued the consensual nature of the relationship, emphasizing the prosecutrix's actions and statements, which suggested she voluntarily accompanied Bhat and did not disclose the incidents until after a medical emergency led to hospitalization.
Justice Dhar, acknowledging Bhat's two-year custody and the completion of witness examinations, concluded there was minimal risk of witness tampering. The court remarked on the trial court's oversight in mechanically rejecting the bail applications without thoroughly examining the evidence provided.
While granting bail, the High Court underscored its jurisdiction to entertain successive bail applications, even when lower courts have previously dismissed them without a change in circumstances. The judgment highlights the delicate balance courts must maintain between upholding justice and considering the rights of the accused, especially in cases involving allegations of a serious nature.
Basharat Ahmad Bhat is now required to furnish a personal bond of Rs.50,000 with a surety of the same amount, appear for all court hearings, and refrain from leaving the Union Territory without permission. He is also prohibited from tampering with any prosecution witnesses.
The ruling serves as a reminder of the judicial system's responsibility to weigh all evidence critically, ensuring that decisions do not solely hinge on the gravity of charges but also on the nuances of the presented facts.
Bottom Line:
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) - Grant of bail considered when evidence suggests consensual nature of the act, even in a case of a heinous offence under Section 376 IPC - High Court has jurisdiction to entertain successive bail applications despite earlier rejections by lower courts.
Statutory provision(s): Section 483 of Bharatiya Nagarik Suraksha Sanhita, Section 164 of Cr.P.C, Section 376 of IPC.
Basharat Ahmad Bhat v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2824486
