JUDGMENT(ORAL)

05.06.2026

1) The petitioner has invoked jurisdiction of this Court under Section 483 of BNSS seeking bail in a case arising out of FIR No.01/2025 for offences under Section 64, 137(2) of BNS and Section 4 of POCSO Act registered with Police Station, Magam, which is stated to be pending before the Court of learned Principal Sessions Judge, Budgam (hereinafter referred to as “the trial court”)

2) Briefly stated, as per the prosecution case, on 02.01.2025, PW-1, father of the prosecutrix, lodged a written report with the police alleging therein that his minor daughter, aged about 16 years, has been kidnapped by the accused (the petitioner herein) on 1st January, 2025 and that she has been taken to some undisclosed location. On the basis of this report, FIR No.01/2025 for offence under Section 137(2) of BNS was registered and investigation of the case was set into motion. During the course of investigation, the statements of witnesses acquainted with the facts of the case were recorded, whereupon it was revealed that the prosecutrix had been kidnapped by the petitioner herein and that he has concealed her in a house situated at Dooru Shahabad, Anantnag. On the ba