Court cites rebutted presumption of guilt and health concerns as key factors in bail decision.
In a significant legal development, the Jammu and Kashmir High Court, Srinagar bench, has granted bail to 75-year-old Ghulam Nabi Ganie, who was accused under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The decision was rendered by Justice Sanjay Dhar on December 26, 2025, emphasizing the rebuttable nature of the presumption of guilt under Section 29 of the POCSO Act and considering the petitioner's advanced age and health issues.
The case, rooted in allegations made by the victim, who is the granddaughter of the petitioner, initially led to the filing of an FIR in December 2024. The victim had accused Ganie of repeated sexual exploitation. However, during the trial, she retracted her allegations, stating that they were made in anger and under external influence, further asserting that no sexual assault had occurred.
The court's judgment highlighted that the presumption of guilt under Section 29 of the POCSO Act is not absolute and can be challenged by evidence or circumstances during the trial. The High Court noted that the victim and her father did not support the prosecution's version during the trial. Additionally, video evidence presented was inconclusive as the female figure was not identifiable, and DNA analysis results were non-implicative.
Justice Dhar underscored the legal principle that successive bail applications are maintainable before the High Court even if an earlier application was rejected by a lower court. The court referenced previous judgments, including the Supreme Court's ruling in "Gurcharan Singh v. State (Delhi Administration)" and the Bombay High Court's decision in "Devi Das Raghu Nath Naik v. State," to support this stance.
The court also considered the accused's age and health as significant factors, noting that Ganie, who suffers from multiple ailments, has been in custody for over a year. The judgment stated that there was no risk of witness tampering as the key witnesses had already been examined.
Justice Dhar granted bail with specific conditions, including the furnishing of a personal bond and restrictions on travel outside the Union Territory of Jammu and Kashmir without the court's permission. The judgment reiterated that the decision was based on the evidence and circumstances presented during the trial and should not be construed as a comment on the merits of the case.
The court's decision reflects a nuanced approach to bail in cases involving special enactments like the POCSO Act, balancing the statutory presumptions with the actual evidence and circumstances surrounding the case.
Bottom Line:
Bail application under POCSO Act - Successive bail application maintainable before High Court even if earlier application rejected by Sessions Court. Presumption of guilt under Section 29 POCSO Act is rebuttable, and evidence or circumstances during trial can displace such presumption.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 5(n), 6, 29; Bharatiya Nyaya Sanhita, 2023 Section 483; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 183
Ghulam Nabi Ganie v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2828484
