Jammu and Kashmir High Court
Bail App/162/2025 of UNION TERRITORY THROUGH POLICE STATION LAL BAZAR (HOME) Vs HILAL AHMAD RATHER on 10 March 2026
No.04 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App 162/2025 Union Territory through Police Station Lal Bazar, Srinagar …Petitioner(s) Through: Mr. Abdul Rashid Malik, Sr. AAG with Mr. Zahid Qais Noor, GA. Vs. Hilal Ahmad Rather ...Respondent(s)
Serial No.04
REGULAR CAUSE LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Bail App 162/2025
Union Territory through Police
Station Lal Bazar, Srinagar
…Petitioner(s)
Through:
Mr. Abdul Rashid Malik, Sr. AAG with
Mr. Zahid Qais Noor, GA.
Vs.
Hilal Ahmad Rather
...Respondent(s)
Through:
None
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
10.03.2026
1. Through the medium of this petition, the Union Territory of J&K, through Police Station Lal Bazar, Srinagar has come forward seeking quashment of bail granting order dated 04.02.2025 passed by the Fast Track Court for POCSO Cases, Srinagar.
2. The accused/respondent was arrested on 07.07.2023 by reference to FIR No. 41/2023 registered under sections 363 and 376 of Indian Penal Code read with section 3/4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 registered by the Police Station Lal Bazar, Srinagar.
3. The Fast Track Court for POCSO Cases, Srinagar came to dispose of bail petition of the respondent/ accused filed on 13.07.2024 on File No. 1435/2024 on the basis of reasoning that there are glaring contradictions obtaining in the Prosecution Side led evidence to the extent that even the Prosecutrix/Victim has receded from her earlier statement.
4. The trial court was conscious of the fact that a good number of Prosecution Witnesses have come to be examined including the Prosecutrix/Victim and, thus, felt persuaded to grant bail to the respondent/ accused in terms of order dated 04.02.2025, subjecting him to terms and conditions so as to ensure that the trial of the case is not hampered.
5. From the reasoning given by the Fast Track Court for POCSO Cases, Srinagar, this Court is not convinced that the grant of bail under the facts and circumstances of the case considered by the court below needs to be intervened, more particularly when the bail order dated 04.02.2025 came to gather its effect for a good period of six months before the Union Territory of J&K coming forward with the present petition filed on 12.08.2025.
6. There is no merit as such found in the petition and, accordingly, the same is dismissed.
(RAHUL BHARTI)
JUDGE
SRINAGAR: 10.03.2026 “Mir Arif”