In a significant bail ruling from the High Court of Jammu & Kashmir and Ladakh, Justice Sanjay Dhar on Thursday granted bail to a 75-year-old man accused under the POCSO Act after the alleged victim withdrew her earlier allegations and stated in court that she had lodged the complaint in anger. The order was pronounced on December 26, 2025, at Srinagar.
The case, which had initially triggered shock due to the seriousness of accusations, took a dramatic turn when the prosecutrix changed her testimony during trial.
Background
The bail plea arose from FIR No. 222/2024, registered in Anantnag against the petitioner, Ghulam Nabi Ganie, on allegations that he had repeatedly sexually assaulted his granddaughter. He was charged under Section 64 of the Bharatiya Nyaya Sanhita (BNS) and Sections 5(n) & 6 of the POCSO Act.
The prosecution relied on a video clip and earlier statements recorded under Section 183 BNSS. However, during trial she retracted, claiming that she was influenced by external factors and that nothing sexual occurred. Her father too supported this version before the court.
Court’s Observations
Justice Dhar spent considerable time examining the victim’s retraction and the evidentiary weakness now surrounding the case. The court stressed that the statutory presumption of guilt under POCSO though serious can still be rebutted if evidence collapses.
“Merely because the petitioner is facing trial for heinous offences… is not a good enough reason to deny concession of bail,” the bench observed.
He also noted that the petitioner’s age and medical condition could not be ignored. The judge took note that the victim stated she was annoyed, acted in anger, and later called her earlier allegations false. The video relied upon by the prosecution was called inconclusive, as the girl in it could not be identified and even DNA samples did not implicate the accused.
The court remarked that pre-trial incarceration must not become punishment, adding that there was no indication the accused would tamper with evidence, especially since key witnesses including the prosecutrix had already been examined.
Decision
After reviewing the testimonies, the lack of identification in the video, and the prosecutrix turning hostile, the High Court held that the presumption under Section 29 of the POCSO Act now stood rebutted for the purpose of bail. Ganie was granted bail on a personal bond of ₹50,000 with two sureties and restrictions on travel outside J&K without court permission.
He must appear in court as directed and avoid any contact with witnesses. With those conditions, the bail application was allowed, effectively ending the hearing.
Case Title: Ghulam Nabi Ganie vs. Union Territory of J&K & Another
Case No.: Bail Application No. 231/2025
