Jammu & Kashmir

JK HC grants bail to doctor accused of attempted rape during medical examination

High Court of JK and Ladakh in Srinagar. [FPK Photo / Umar Farooq]

Srinagar: The High Court of Jammu & Kashmir and Ladakh has granted bail to a Budgam doctor accused of attempting to rape a woman patient during a medical examination at a government health centre.

Justice Mohd Yousuf Wani passed the order while allowing a successive bail plea filed by Dr Abdul Majeed Bhat of Kremshora, Budgam, who was arrested in FIR 10/2026 registered at Police Station Khansahib under Sections 62 and 64 of the Bharatiya Nyaya Sanhita (BNS). Bhat was a Medical Officer at PHC Gurwaith, Budgam, who had been in custody since January 14.

According to the prosecution, complainant alleged that while she had visited the health centre for treatment of a gynecological ailment, the doctor took her to another room, refused permission for her sister-in-law to accompany her, asked her to remove clothes, grabbed her breast and attempted to rape her. She resisted and later lodged a complaint.

The defence denied the allegations, claiming a misunderstanding during medical examination and highlighting alleged contradictions in the complainant’s statements. It was also argued that the accused had remained in custody for nearly five months and trial had already commenced.

Granting bail, the High Court observed that the chargesheet had been filed and the accused had been charged with attempt to commit rape, not rape. The Court said there appeared to be “no compelling need” for continued custody and reiterated the principle of “bail not jail”, while emphasising that the accused is presumed innocent until proven guilty.

The Court also observed that doctors hold a position of trust in society but held that concerns regarding witness intimidation could be addressed through strict bail conditions.

Allowing the petition, the court directed release of the accused on furnishing personal and surety bonds of Rs 1 lakh each, subject to conditions including regular appearance before the trial court, not leaving the country without permission, not influencing witnesses, and not confronting or intimidating the prosecutrix. (KDC)

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