New Delhi: Delhi High Court has canceled an order of the lower court. It said that the accused was granted bail in a rape case without hearing the side of the alleged victim. The court said, ‘Not giving the prosecution an opportunity to be heard in the proceedings is a violation of the directions of the Supreme Court on the rights of the victim.’
Justice Naveen Chawla set aside the trial court’s June 2022 bail order and said the man should file a fresh bail plea before the trial court within two weeks. It also became clear that the accused will not be arrested until the order is passed by the lower court on his application.
The court said, ‘Whatever the case may be, it cannot be denied that the prosecutor was not given a copy of the bail application, nor was notice issued to him. He did not get an opportunity to oppose the bail. This is a violation of the instructions issued by the Supreme Court. Violating this will result in a serious miscarriage of justice.
The High Court passed this order while hearing the woman’s petition, in which the order of the lower court was challenged. The victim woman raised the issue that neither was she given a copy of the bail application nor was she informed about the date of hearing before the order was passed. The state’s report before the court has also supported the woman’s petition.
The High Court said in its order, ‘Keeping in view the fact that respondent no. 2 i.e. the accused is on bail from June 14, 2022 and due to failure of the trial court to follow the procedure, the order is set aside. And it is directed that he will file an application for bail within two weeks from today.
The man was facing prosecution in a rape case registered against him at Rajinder Nagar police station in central Delhi in 2022.
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Tags: DELHI HIGH COURT, rape victim
FIRST PUBLISHED: April 12, 2024, 23:06 IST