Srinagar, May 18: The High Court of Jammu & Kashmir and Ladakh has granted bail to a doctor from Budgam who was arrested in connection with an alleged attempt to rape a woman patient during a medical examination at a government health facility.
Justice Mohd Yousuf Wani granted bail to Dr. Abdul Majeed Bhat, a Medical Officer posted at PHC Gurwaith in Budgam, who has remained in judicial custody since January 14 this year.
According to the prosecution, the woman complainant alleged that she had visited the health centre for treatment related to a gynecological issue when the doctor allegedly took her into a separate room and did not allow her sister-in-law to accompany her. The complaint further stated that the doctor allegedly asked her to remove her clothes, touched her inappropriately and attempted to sexually assault her. The woman later resisted and filed a formal complaint with police.
During the hearing, the defence counsel denied the allegations and argued that the incident was a misunderstanding during medical examination procedures. The defence also pointed to alleged inconsistencies in the complainant’s statements and submitted that the accused had already spent nearly five months in custody while the trial had commenced.
While granting bail, the High Court observed that the chargesheet in the case had already been filed and that the accused was facing charges related to attempt to commit rape and not the offence of rape itself. The Court noted that there was no compelling reason to continue the custody of the accused at this stage of the trial.
The Court reiterated the legal principle that “bail is the rule and jail is the exception” and stated that every accused person is presumed innocent until proven guilty before a court of law.
The High Court also remarked that medical professionals hold positions of public trust and responsibility in society. However, it observed that concerns regarding possible intimidation of witnesses or interference with the investigation could be addressed by imposing strict bail conditions on the accused doctor.(KNC)
