Jammu and Kashmir High Court
Bail App/198/2025 of TALIB HUSSAIN KHAN Vs UNION TERRITORY OF J AND K TH.SHO PS DEVSAR on 24 March 2026
OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App 198/2025. Talib Hussain Khan. …Applicant(s)/Petitioner(s) Through: Mr. Mohammad Shafi Bhat, Advocate with Mr. Mohan, Advocate Mr. Aatir Shafi Dar, Advocate. VERSUS Union Territory Of J And K Th. SHO PS Devsar. …Respondent(s)
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Bail App 198/2025.
Talib Hussain Khan.
…Applicant(s)/Petitioner(s)
Through:
Mr. Mohammad Shafi Bhat, Advocate with
Mr. Mohan, Advocate
Mr. Aatir Shafi Dar, Advocate.
VERSUS
Union Territory Of J And K Th. SHO PS Devsar.
…Respondent(s)
Through:
None.
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
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ORDER
24.03.2026
01. Heard Mr. Mohammad Shafi Bhat, learned counsel for the petitioner at length.
02. 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.
03. 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.
04. 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 16 Regular one year before the alleged incident. The relationship between the petitioner and the victim can thus be referred to as youthful indiscretion.
05. 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.
06. 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.
07. 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.
08. 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.
09. The petition stands disposed of.
10. 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.