Victim can’t be ignored while granting bail in sexual assault cases : Delhi High Court

Delhi High Court bashed down a district court’s order of granting interim bail to an accused in minor’s rape case without giving notice to the victim. Hearing a case related to an interim bail, the Delhi High Court said that in such extraneous situations of lockdown, a lot of hearings are taking place in trial courts and not in POCSO courts. Hence, it is necessary to sensitize such courts.

The Delhi High Court opined that non compliance of any mandatory condition of issuance of notice and service of notice to the complainant/victim/informant could entail consequential action, in accordance with law. The HC also directed the district judge to conduct sensitization of judges  through a zoom conference within a week.

Justice Pratibha Singh of Delhi HC while hearing a plea challenge the interim bail application without giving notice to the victim has highlighted a grave and perennial problem.

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