SRINAGAR: Courts in Kishtwar and Budgam have rejected four bail applications in cases involving alleged offences under the Protection of Children from Sexual Offences (POCSO) Act, with the Jammu and Kashmir Prosecution Department attributing the outcomes to detailed legal arguments presented by its public prosecutors.
Three applications were dismissed by Principal Sessions Judge Kishtwar Sudhir Kumar Khajuria on October 10, while Principal Sessions Judge Budgam O.P. Bhagat rejected another application on October 8, according to the department.
In the Kishtwar case, the court rejected the bail pleas of Sonika Parihar, Zareena Begum and Peer Baksh Bumal in connection with FIR No. 27/2026, registered at the SCW Crime Branch police station in Jammu. The case concerns the death of a minor girl and involves provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, the POCSO Act, 2012, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Public Prosecutor Anshuman Dubay, assisted by advocate Irfan Khan, who represented the victim, opposed the applications, citing the seriousness of the allegations, the possibility of punishment extending to life imprisonment and the ongoing investigation. The prosecution also pointed to pending DNA and Forensic Science Laboratory reports and expressed concern that witnesses could be influenced.
The prosecution raised legal objections concerning notice to the victim’s family under Section 40 of the POCSO Act and Rule 4, as well as alleged non-compliance with disclosure requirements under a High Court notification and the Supreme Court judgment in Zeba Khan v. State of Uttar Pradesh.
Medical grounds cited in support of bail were also contested, with the prosecution submitting that appropriate care was available in custody. The court observed that the investigation remained underway and that the stage of proceedings did not warrant a detailed examination of the evidence. It also noted that the ailments of one applicant appeared to be age-related rather than life-threatening before dismissing the three applications.
In the Budgam case, Principal Sessions Judge O.P. Bhagat rejected the bail plea of Bilal Ahmad Bhat on October 8 in connection with FIR No. 75/2026, registered at Beerwah police station under Section 137(2) of the BNS and Sections 3 and 4 of the POCSO Act.
Public Prosecutor Suhaib Ashraf opposed the application, citing the seriousness of the allegations and the risk of evidence being tampered with. The court held that the public interest and the interests of the victim’s family outweighed the grounds advanced in support of personal liberty. It also observed that delays in recording witness statements did not, by themselves, constitute grounds for granting bail in POCSO cases.
The Prosecution Department commended the public prosecutors involved and reiterated its commitment to child protection, victims’ rights and evidence-based prosecution.
