Delhi HC Nullifies Bail Grant to Rape Accused, Citing Victim’s Rights

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GG News Bureau
New Delhi, 13th April. 
The Delhi High Court has overturned a trial court’s decision to grant bail to a rape accused without giving the alleged victim an opportunity to be heard.

In its ruling, Justice Navin Chawla declared the bail order issued in June 2022 null and void, emphasizing that denying the prosecutrix a chance to participate in the proceedings violated Supreme Court directives on victim rights.

The court highlighted that the prosecutrix, or alleged victim, was not served with a copy of the bail application, nor was she given notice or an opportunity to oppose it. This contravention, the court noted, constituted a grave miscarriage of justice.

The decision stemmed from a petition filed by the woman challenging the trial court’s bail order. The petitioner asserted that she was neither provided with a copy of the bail application nor informed of the hearing date.

Backing the woman’s claims, the State’s status report submitted to the high court supported her plea.

As a remedy, the high court directed the accused to file a fresh bail plea within two weeks, ensuring the prosecutrix’s participation in the proceedings. Until the trial court decides on the new application, the accused shall remain free from arrest.

The high court also granted discretionary powers to the trial court concerning the extension of interim protection granted to the accused, considering the circumstances of the case.

The accused faced prosecution in a rape case registered against him in 2022 at Rajinder Nagar police station in central Delhi.

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