Excelsior Correspondent
JAMMU, June 2: In a sharp indictment of the investigation in an alleged abduction and sexual assault case registered at Police Station Miran Sahib, the Fast Track Court, Jammu, has granted interim bail to accused Reham Ali, observing that the probe prima facie lacked diligence and reflected an absolute lack of supervisory oversight.
Presiding Officer Amarjeet Singh Langeh passed the order in a bail application arising out of FIR No. 72/2026, registered for offences under Sections 87, 49, 127, 70(1) and 61(2) of the Bharatiya Nyaya Sanhita (BNS).
The court directed that a copy of the order be sent to the Deputy Inspector General of Police, Jammu-Samba-Kathua Range, for information and necessary indulgence in view of the serious lapses noticed during perusal of the case diary.
The case arose from allegations that the prosecutrix, along with her two children, had been kidnapped from Miran Sahib on May 12, 2026. The petitioner, Reham Ali, was arrested on May 15.
However, the court noted that a certified copy of the statement of the prosecutrix recorded before the court of the 4th Additional Munsiff/JMIC, Jammu, showed that she was present before that court on May 12 itself, where her statement on oath was recorded in a complaint titled Makho Bibi Versus Mohd Mirza.
The court observed that the investigation, till date, did not appear to have focused on this crucial aspect, despite the allegation in the FIR that the prosecutrix had been kidnapped on the same day.
The order further records that, as per a report submitted by Police Station Miran Sahib before the Chief Judicial Magistrate, Jammu, on May 20, the prosecutrix, after being recovered on May 17, had stated before police that she had voluntarily married one Sheru and had willingly accompanied him.
In strong observations, the court said the investigation failed to explain why Reham Ali was subsequently rounded up and kept in continued incarceration sans any evidence, particularly when the prosecutrix did not name him as an accused in her statement recorded under Section 183 of the BNSS.
The court also questioned the manner in which suspects were being proceeded against, noting that the Investigating Officer stated that identification of two suspects was yet to be conducted, while the record did not reveal who those suspects were.
Can a suspect be rounded up before Identification Parade is actually conducted was another crucial legal aspect requiring examination, the court observed. The court further noted that Section 49 of the BNS had been dropped during investigation. It also flagged that although the FIR alleged kidnapping of the prosecutrix along with her two children, the children’s statements had not been recorded till date.
The order also questioned how the victim’s family independently travelled to Srinagar and brought back the prosecutrix and her two children without informing Police Station Miran Sahib, despite an FIR already having been registered.
The court additionally remarked that even the two persons named by the prosecutrix in her Section 183 BNSS statement had not been apprehended by the police till date.
Accordingly, the court admitted Reham Ali to interim bail till the next date of hearing on furnishing bail and surety bonds of Rs 25,000 each, subject to conditions that he shall cooperate with the investigation, not tamper with prosecution evidence and not intimidate witnesses.
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