The Jammu & Kashmir and Ladakh High Court has granted bail to a doctor accused of attempting to rape a woman during a medical examination at a health centre in Budgam, observing that prolonged incarceration before conviction cannot be justified when investigation is complete and trial has commenced.
Justice Mohd Yousuf Wani was hearing a successive bail plea filed by Dr. Abdul Majeed Bhat under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with an FIR registered under Sections 62 and 64 of the Bharatiya Nyaya Sanhita, 2023 after allegations that the doctor attempted to sexually assault a patient who had approached the Primary Health Centre for treatment.
The Court noted that the accused had been in custody since January 14, 2026, and that the trial had already commenced with some key witnesses examined.
According to the prosecution, the complainant had visited a health centre in Gurwaith-Kalan, Budgam, for treatment when the on-duty doctor allegedly asked her to enter a separate room for examination. The woman alleged that the doctor prevented her sister-in-law from accompanying her and attempted to rape her during the examination.
An FIR was subsequently registered at Police Station Khan Sahib under Sections 62 and 64 of the Bharatiya Nyaya Sanhita, 2023 dealing with attempt to commit rape. The accused doctor, Dr. Abdul Majeed Bhat, was arrested on the same day.
The defence argued that the allegations stemmed from a misunderstanding during a medical examination and pointed to alleged inconsistencies in the complainant’s statements recorded during investigation.
The prosecution opposed bail, contending that the accused had abused his professional position as a medical practitioner and that the offence had grave social consequences. It also argued that releasing the doctor could lead to intimidation of witnesses or interference with the trial.
The State relied upon several Supreme Court judgments concerning the principles governing bail in serious offences, particularly crimes against women.
The defence, meanwhile, argued that the investigation had already concluded and the charge sheet had been filed before the trial court, making further custodial detention unnecessary.
The High Court reiterated the settled principle that “bail is the rule and jail is the exception” in offences not attracting the statutory embargo under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Justice Mohd Yousuf Wani observed that the accused remained presumed innocent until proven guilty and continued to enjoy the constitutional protection of personal liberty under Article 21.
The Court also noted that while doctors occupy a position of trust, the question at the bail stage was limited to whether continued custody was necessary for a fair trial.
Allowing the bail plea, the High Court directed the release of the accused on furnishing personal and surety bonds of ₹1 lakh each, subject to strict conditions. These included regular appearance before the trial court, restrictions on leaving India, and a prohibition on contacting or intimidating the prosecutrix or witnesses.
The Court clarified that its observations were limited to the bail proceedings and would not affect the merits of the ongoing trial.
Case Title: Dr. Abdul Majeed Bhat v. Union Territory of J&K
Case Number: Bail App No. 15/2026
