20 hrs ago
Allahabad High Court Requires Victim Hearing in POCSO Bail Cases
A court had given two people accused in a case involving a child permission to seek bail before arrest.
The child’s family said they were not given a proper chance to speak before that decision.
The Allahabad High Court agreed that the victim or guardian should have been heard.
It cancelled the earlier bail decision because that important step was missed.
The court sent the applications back to be considered again.
The victim and the state must have a fair chance to be heard this time.
If the victim cannot afford a lawyer, the court must provide one.
The accused cannot face coercive action for six weeks while the trial court reconsiders the applications.
The Allahabad High Court cancelled anticipatory bail granted to two people accused in a POCSO case.
It said the trial court had failed to notify or hear the victim or the victim’s guardian before granting bail.
The High Court directed Uttar Pradesh Special POCSO courts to hear victims or guardians before deciding anticipatory bail applications.
If a victim cannot hire a lawyer, the court must provide an experienced criminal-law legal aid counsel at state expense.
The bail applications were sent back for reconsideration; the accused were protected from coercive action for six weeks.
- Who
- The Allahabad High Court, two accused, and the victim’s family.
- What
- The High Court cancelled anticipatory bail granted without hearing the victim and ordered the applications to be reconsidered after proper notice and a hearing.
- Where
- Uttar Pradesh; the case originated in Bulandshahr district.
- When
- The High Court order was dated September 29; the article does not specify the year.
- Why
- The trial court granted anticipatory bail without issuing proper notice or giving the victim or guardian an opportunity to be heard.
Victim’s right to be heard
Accused persons’ bail argument
Whether the bail order should stand
Victim’s right to be heard
The victim’s family sought cancellation, arguing that the victim was denied the statutory opportunity to be heard before bail was granted.
Accused persons’ bail argument
Counsel for the accused argued that bail should not be cancelled without proof of misconduct after it was granted.
Basis for setting aside bail
Victim’s right to be heard
The High Court held that failure to follow the mandatory hearing process was a procedural illegality that justified setting aside the order.
Accused persons’ bail argument
The accused’s counsel relied on the argument that cancellation should require post-bail misconduct; the High Court rejected that argument in this case.
Key facts
- High Court judge
- Justice Vivek Kumar Singh
- Case location
- Bulandshahr district, Uttar Pradesh
- Initial case filing
- February 6, 2023
- Bail decision challenged
- The Special Judge (POCSO Act) had granted anticipatory bail to two accused.
- High Court finding
- The victim or guardian was not given an opportunity to be heard before bail was granted.
- Directions on reconsideration
- Notify the victim, allow reasonable time for objections, and hear the victim and the state before deciding the applications afresh.
- Interim protection
- The accused were protected from coercive action for six weeks.
Quotes
Justice Vivek Kumar Singh
Allahabad High Court judge who decided the matter
“The learned trial court completely overlooked the mandatory requirement of issuing notice to the victim/informant before considering the anticipatory bail application under the POCSO Act. This failure has caused grave prejudice to the victim depriving her of the right to present material facts, gravity of offence and apprehensions regarding safety.”
indianexpress.com
“This Court finds this argument misconceived. There is a clear legal distinction between cancellation of bail due to supervening circumstances such as tampering with evidence or breaching conditions and setting aside the order granting bail on account of perversity, non-application of mind, or patent procedural illegality.”
indianexpress.com
Sources
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