J&K High Court Grants Bail To Cop Accused Of Forcing Minor To Abort After Rape
The prosecution argued that the offences were heinous as they involved the sexual assault of a minor girl.
Published : July 7, 2026 at 9:42 PM IST
Srinagar: The High Court of Jammu & Kashmir and Ladakh on Tuesday granted bail to a police official accused of forcing a 17-year-old sexual assault survivor to undergo an abortion. The court observed that keeping the accused in custody when the investigation is already complete would amount to punishing him before the trial finishes.
A single-judge bench of Justice Sanjay Dhar, in its 11-page judgment, noted: "Ghulam Mohammad Lone had been in custody since January 1, 2026, following an FIR registered at the Shopian Police Station."
The prosecution alleged that the victim was trapped and raped by Lone's son, Sudais Ahmad Lone, who then threatened her against revealing the assault. When the victim became pregnant, the family allegedly took her to a doctor to terminate the pregnancy. According to the victim's statement, when she refused to take the abortion medicines, the petitioner, who is a police official and the father of the main accused, forced her to insert the medication vaginally.
The petitioner argued that his role was limited to the alleged termination of pregnancy and that he had no involvement in the rape itself. He further contended that the victim had made sweeping allegations against his entire family.
The state government opposed the bail application. The prosecution argued that the offences were heinous as they involved the sexual assault of a minor girl, and claimed Lone was part of the conspiracy.
The court noted that the main charges of rape under the POCSO Act were established against the son, while the petitioner faced charges under sections 17, 19, and 21 of the POCSO Act alongside provisions of the Bharatiya Nyaya Sanhita.
Justice Dhar observed that other co-accused with similar roles had already been granted bail. Allowing the petition, the bench held: "Apart from the above, investigation of the case is complete. The petitioner, who is, admittedly, not the main accused, has been in custody for the last more than six months and the co-accused Zahid Iqbal Shah, whose role is similar to that of the petitioner, has been enlarged on bail by the learned trial court."
The bench observed, "In these circumstances, denying concession of bail to the petitioner would amount to pre-trial punishment upon him, which is impermissible in law."
The HC ordered the release of the petitioner subject to a personal bond of Rs 50,000 with two sureties. The court also directed the petitioner to appear on every date of the trial court hearing, remain within the territorial limits of Jammu and Kashmir unless permitted otherwise, and refrain from intimidating witnesses.
According to the court record, the victim detailed the sequence of events in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). She stated that she was befriended by a relative who enticed her to visit her home in Hermain, Shopian, in July 2025.
After being made to sleep in a corridor, she alleged that the main accused, Sudais Ahmad Lone, entered the room the following morning after his mother stepped out. He then bolted the door, gagged her, and raped her. The victim noted that she kept quiet initially because the accused threatened to leak nude photographs he had captured during the incident.
The situation escalated when the family of the main accused suspected she was pregnant and contacted her with further threats. The victim revealed that a co-accused doctor subsequently prepared a fake prescription slip at a Srinagar hospital to confirm the pregnancy through medical tests.
She was then brought to the Shopian District Hospital, where she was pressured to take abortion pills. When she refused to take further medication vaginally at a medical shop, the petitioner, using his position as a police official and the father of the prime accused, forced her to do so. She added that she was later taken to a hospital in Anantnag for a final surgical procedure, following which the petitioner and his family members physically assaulted and abused her.
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