J&K Court Denies Bail To Man Accused Of Raping 70-Year-Old Tourist In Pahalgam, Calls It A 'Moral Collapse'

In a strongly worded order, The Principal Sessions Judge, Anantnag has rejected the bail plea of a man accused of raping the 70 year tourist, noting that the severity of allegations, ongoing investigation, and the collective impact of evidence do not support granting bail at this stage.The court also delivered a scathing commentary on the moral fabric of society, decrying the incident as a “reflection of depravity and sick mentality.”The Principal Sessions Judge Tahir Khurshid Raina observed that “Meadows, mountains, rivers, and gardens will not save Kashmir as a desired tourist destination unless moral anchors of this society rise to restore its ethical character.”The court said that "Bail Not Jail" cannot be blindly followed. It clarified that this principle, though sacrosanct, cannot be applied in isolation. It stressed that various other factors must be weighed while considering bail in non-bailable offences of a serious and heinous nature.These factors include gravity of the offence, potential flight risk, ability to tamper with evidence, and the broader societal impact of the offence," the judge noted, observing that none of these tilted in favour of the accused.The court cited the pending investigation and the presence of prima facie material such as the complainant's statement, eyewitness testimony, medical and forensic reports (including TIP and FSL findings), and concluded that releasing the accused at this stage would be legally unsustainable.The court observed that "no ground in the bail application or arguments advanced influences the judicial conscience of this court to treat the incarceration of the accused as unwarranted.The court also condemned the incident as not merely criminal, but as a moral collapse, particularly because the alleged victim was a senior guest visiting Kashmir.The court observed that “A revered guest, a senior lady, visiting the land of saints and seers, was treated so shockingly that she will carry remorse for choosing this place to spend her old age.”The court lamented that Kashmir's identity as a “paradise on earth” cannot be sustained on natural beauty alone, but must reflect a moral conscience and cultural integrityAPPEARANCE: Suhail Beig Advocate & Associates for PetitionersPublic Prosecutor for Respondent.Case-Title: Zubair Ahmad Bhat Vs UT of J&K and others, 2025Click Here To Read/Download Order

J&K Court Denies Bail To Man Accused Of Raping 70-Year-Old Tourist In Pahalgam, Calls It A 'Moral Collapse'

Aleem Syeed

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