Delhi High Court nullifies bail for rape accused, citing violation of victim’s right to be heard as per Supreme Court directive.
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DELHI: Recently, The Delhi High Court has nullified a bail decree provided to a man accused in a rape case. The court underscored that the bail had been granted without giving the alleged victim a chance to be heard, thereby violating the victim’s rights as directed by the Supreme Court.
Justice Navin Chawla, overseeing the case, revoked the bail order from June 2022, citing a crucial procedural lapse—the absence of the alleged victim’s participation in the bail hearing. This action not only reiterates the judiciary’s dedication to upholding justice but also underscores the essential contribution of the victim in the post-offense judicial proceedings.
Justice Chawla stated-
“Regardless, it is undeniable that the prosecutrix was not provided with a copy of the bail application, nor was she notified or given a chance to oppose it. This contravenes the Supreme Court’s directives regarding the victim’s rights to full participation in proceedings and to be heard at every stage following the occurrence of the offense, including during bail application decisions.”
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Highlighting the severe implications of overlooking a victim’s participatory rights,
Justice Chawla stated-
“Failure to uphold these rights will lead to a significant miscarriage of justice.”
The Delhi High Court’s decision came after the alleged victim challenged the trial court’s bail order. She pointed out that she had not been provided with a copy of the bail application nor had she been informed about the hearing date, which led to the order being passed without her knowledge or input. This oversight was further corroborated by the state’s status report, which supported the woman’s plea.
Addressing the procedural lapse, the High Court ordered-
“Given that the respondent no. 2 has been out on bail since June 14, 2022, and considering that the order is being overturned due to the trial court’s procedural lapse, he is instructed to submit a bail application within two weeks from today.”
Further, it was declared that the accused would not be arrested until a new order was passed by the trial court regarding his bail application, with the extension of interim protection to be at the discretion of the trial court.
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The accused in question was being prosecuted in connection with a rape case filed in 2022 at the Rajinder Nagar police station in central Delhi.
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