J&K&L High Court: Early Rape Bail Impacts Women's Safety

The High Court of Jammu & Kashmir and Ladakh has ruled that granting bail in rape cases at the very start of a trial can harm women's safety. The court said judges must think about how serious these crimes are and their effect on society when deciding on bail. The High Court canceled a bail order from a lower court in a rape case. It said the lower court used wrong reasons and did not take the accusations seriously enough.

The case involved an accused person charged under Indian law for crimes like wrongful restraint, rape, and criminal intimidation. The Union Territory of J&K challenged the bail given by the Additional Sessions Judge in Bandipora. The challenge was made because the lower court looked at evidence in a way it should not have and granted bail even though only two out of twelve witnesses had been heard.

Justice Sanjay Dhar stated that the crime was very serious because it was against a woman. He said giving bail so early in the trial could make women feel unsafe. He noted the lower court did not consider the impact on society at all. The prosecution's case was that in 2022, the victim was attacked while going to her farmland. Other women working nearby rescued her. Medical and forensic tests were done, and the victim's statement was recorded before a judge.

The lower court had given bail for reasons like no sperm found on the victim's clothes and some small differences in the victim's story. The High Court disagreed. It said that not finding sperm does not mean the victim is lying if her statement is otherwise believable. The court added that at the bail stage, judges should not examine evidence in great detail. Small contradictions, especially from an illiterate woman, should not be a main reason to grant bail. The High Court found the lower court's reasons were not valid and set aside the bail order.