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Epilogue > Blog > J&K > Victim Turning Hostile Not Enough To Wipe Out Evidence: J&K HC Rejects Bail
J&K

Victim Turning Hostile Not Enough To Wipe Out Evidence: J&K HC Rejects Bail

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Last updated: September 5, 2026 7:09 pm
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<p>Th

<p>The High Court of Jammu and Kashmir and Ladakh has refused to grant bail to a man accused of kidnapping and sexually assaulting a minor girl, observing that the victim and her father turning hostile during the trial did not, by itself, erase the medical, forensic, electronic and circumstantial evidence available against the accused. </p>

<p>A bench of Justice Sanjay Parihar dismissed the bail plea filed by Mahir Ahmad, who is facing trial in connection with FIR No. 30/2025 registered at Police Station Parimpora under relevant provisions of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Protection of Children from Sexual Offences (POCSO) Act. </p>

<p>According to the prosecution, the minor girl had gone to watch a circus exhibition in Parimpora, Srinagar, on April 13, 2025, but did not return home. She subsequently returned in the early hours of April 14 and allegedly told her family that she had been kidnapped from near the circus venue and taken to another location.</p>

<p>The prosecution relied on several pieces of evidence, including the alleged identification of a house where the girl was taken, electronic transaction records and forensic and medical findings. Investigators also relied on a UPI transaction allegedly showing the accused purchasing food for the girl.</p>

<p>The accused argued that the prosecution case had weakened after the victim and her father did not support the allegations during the trial. The victim was declared hostile, and the defence contended that these developments justified the grant of bail.</p>

<p>The High Court, however, held that the bail stage is not the appropriate time for a detailed assessment of the credibility of witnesses or a final determination of the evidence. The Court said the relevant consideration was whether the material on record disclosed a prima facie case, while also considering the seriousness of the allegations, the role attributed to the accused, the possible punishment and the stage of the trial. </p>

<p>On these considerations, the Court declined to grant bail, allowing the criminal trial to proceed in accordance with law. </p>

e High Court of Jammu and Kashmir and Ladakh has refused to grant bail to a man accused of kidnapping and sexually assaulting a minor girl, observing that the victim and her father turning hostile during the trial did not, by itself, erase the medical, forensic, electronic and circumstantial evidence available against the accused. </p>

<p>A bench of Justice Sanjay Parihar dismissed the bail plea filed by Mahir Ahmad, who is facing trial in connection with FIR No. 30/2025 registered at Police Station Parimpora under relevant provisions of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Protection of Children from Sexual Offences (POCSO) Act. </p>

<p>According to the prosecution, the minor girl had gone to watch a circus exhibition in Parimpora, Srinagar, on April 13, 2025, but did not return home. She subsequently returned in the early hours of April 14 and allegedly told her family that she had been kidnapped from near the circus venue and taken to another location.</p>

<p>The prosecution relied on several pieces of evidence, including the alleged identification of a house where the girl was taken, electronic transaction records and forensic and medical findings. Investigators also relied on a UPI transaction allegedly showing the accused purchasing food for the girl.</p>

<p>The accused argued that the prosecution case had weakened after the victim and her father did not support the allegations during the trial. The victim was declared hostile, and the defence contended that these developments justified the grant of bail.</p>

<p>The High Court, however, held that the bail stage is not the appropriate time for a detailed assessment of the credibility of witnesses or a final determination of the evidence. The Court said the relevant consideration was whether the material on record disclosed a prima facie case, while also considering the seriousness of the allegations, the role attributed to the accused, the possible punishment and the stage of the trial. </p>

<p>On these considerations, the Court declined to grant bail, allowing the criminal trial to proceed in accordance with law. </p>

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