Srinagar Court grants bail to former IRS officer in alleged assault, attempted rape case

Srinagar, Feb 01: The District Court in Srinagar on Saturday 31 January 2026 granted interim bail to Vivek Batra, a former Indian Revenue Service (IRS) officer, in a case involving allegations of assault, attempted rape, and criminal intimidation against an elderly Kashmiri Pandit couple.

The bail order came after Batra's arrest on January 8 following a complaint lodged at Rajbagh Police Station. According to the First Information Report (FIR No. 01/2026), the complainant, Ashok Toshkhanai, alleged that Batra, along with several associates, forcibly entered his residence armed with iron rods and hammers, assaulted family members, and attempted to set the house ablaze.

While granting the interim bail, the court observed that the allegations would be examined during trial, but at this stage, the accused should be given an opportunity to defend himself without remaining in prolonged pre-trial detention. The court noted that the investigation had largely been completed, with custodial interrogation already conducted and evidence collected.

The court rejected prosecution arguments that Batra should have first approached a lower court, holding that the Sessions Court has independent powers under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to grant bail. The judge emphasized the presumption of innocence and constitutional guarantees of personal liberty.

The accused, Vivek Batra, was represented by Advocate Vikas Malik, a prominent Srinagar-based advocate, as lead counsel in the bail proceedings. Adv. Malik argued that the FIR was "false and fabricated" against the accused and that Batra is willing to cooperate fully with the investigation. Advocate Malik is known for handling high-profile criminal and bail matters throughout India. Advocate Mushtaq Dar appeared as co-counsel for the accused. The prosecution was represented by the concerned Public Prosecutor appearing on behalf of the State.

Batra was released on interim bail Saturday evening upon fulfilling the court-mandated conditions. The investigation remains ongoing, and the case is sub-judice. A trial will be conducted to determine the guilt or innocence of the accused based on evidence and witness testimony.