The Delhi High Court has set aside a trial court order which granted bail to a man in a rape case without hearing the alleged victim.
The high court said not giving an opportunity to the prosecutrix to be heard in proceedings after the occurrence of the offence would violate the Supreme Court’s directions on a victim’s rights.
Justice Navin Chawla set aside the June 2022 bail order and said the man shall be entitled to file a fresh bail plea before the trial court within two weeks, making it clear that he shall not be arrested until an order is passed by the lower court on his application.
“Be that as it may, as it cannot be denied that the prosecutrix had not been served with a copy of the bail application, nor was (she) issued notice of the same or given an opportunity to oppose the same, this would be in violation of the directions issued by the Supreme Court on the rights of the victim to be granted unbridled participatory rights in the proceedings and of being heard at every step post occurrence of the offence, including the right to be heard while deciding on the bail application.
“It has been held that contravention of the same shall result in grave miscarriage of justice,” the high court said.
It passed the order on a plea by the woman challenging the trial court order.
The woman raised the issue that neither was she served with a copy of the bail application nor was she informed about the date of hearing before passing of the order.
The status report filed by the State before the high court also supported the woman’s plea.
The high court, in its order, said, “Considering the fact that the respondent no.2 (man) has been on bail since June 14, 2022 and the order is being set aside due to the trial court failing to comply with the procedure stipulated, it is directed that he shall file an application seeking bail, within a period of two weeks from today.
“Subject to such an application being filed, the man shall not be arrested until an order is passed by the trial court on such an application.” The high court said the question of the extension of the interim protection granted by it in this order, shall be at the discretion of the trial court.
The man was facing prosecution in the rape case lodged against him in 2022 at central Delhi’s Rajinder Nagar police station.Â
