Back
ANIL KUMAR UPMAN
Pooja Gurjar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. facts of the petitioners' request for bail. (Para 1) |
| 2. arguments regarding false implication and readiness to cooperate. (Para 2 , 3) |
| 3. court's observations on victim's right to be heard. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. disagreement with previous rulings on victim's involvement. (Para 10 , 12) |
| 5. judicial discretion on victim status as party. (Para 11) |
| 6. referral for larger bench decision on victim's necessary party status. (Para 14) |
JUDGMENT :
ANIL KUMAR UPMAN, J.
The petitioners have filed this application under Section 438 Cr. P.C. having apprehension of their arrest in connection with FIR No. 228/2023 registered at Police Station Masuda District Ajmer for offences under Sections 323 , 341, 354 and 504 IPC. Presently, investigation is going on for offences under Sections 143 , 323, 341, 325, 451 and 308 IPC.
2. Learned counsel for the petitioners submits that the petitioners who are females, have falsely been implicated in this case. They have nothing to do with the alleged incident. He further submits that the petitioner Pooja has a pregnancy of three months whereas the accused petitioner Narayani has a three months old child. He also contends that cross cases have
Victims have the right to be heard in bail proceedings, but they are not necessarily required to be added as parties without statutory mandate.
The court affirmed that while the victim must be informed of bail proceedings under the POCSO Act, they are not required to be included as a party to such applications, promoting their rights to repr....
A victim has the right to be heard in bail proceedings, especially in serious offences, as mandated by the Protection of Children from Sexual Offences Act and corresponding rules.
Victims have a right to participate in criminal proceedings, including making oral arguments, but this right is subject to the primacy of the Public Prosecutor.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
