JUDGMENT

1. The present Petition highlights a perennial and grave problem of hearing not being afforded to victims/complainants/informants, in bail applications filed on behalf of those accused who are facing trial under the provisions of Sections 3 76 (3), 376- AB, 376 - DA or 376 DB of the IPC dealing with rape of women below 12, 16 years of age including gang rapes as also under the provisions of Protection of Children from Sexual Offences ("POCSO") Act, 2012.

2. As per the Criminal Law (Amendment) Act, 2018, Section 439 of the Cr. P.C. was amended with effect from 21st April, 2020 by which it was made mandatory for the informant or any other person authorised by the informant to be present at the time of hearing of an application for bail filed by the accused under these provisions. The said amendment reads as under:

"23. In Section 439 of the Code of Criminal Procedure-

(a) In sub-section (1), after the first proviso, the following proviso shall be inserted, namely:

"Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-Section (3) of Section 3 76 or Section 3 76 -AB or Secti