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BIRENDRA KUMAR
Nitoo Singh alias Nitu Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. bail application details and context. (Para 1) |
| 2. victim's right to be heard in bail matters. (Para 2) |
| 3. victim's substantive and enforceable rights. (Para 3 , 4) |
| 4. procedural orders regarding implementation and notice. (Para 5 , 6 , 7 , 8 , 9 , 10) |
JUDGMENT :
Birendra Kumar, J.
The victim is not a party to this bail application filed under Section 439 Cr. P.C. in FIR No. 27/2023 registered with Police Station Udhyog Nagar Sikar, District Sikar for offences under Sections 384, 354, 504 and 506 of IPC.
2. Learned counsel for the petitioner submits that after taking note of the judgment of the Hon'ble Supreme Court in Jagjeet Singh v. Ashish Mishra @ Monu , (2022) 9 SCC 321 , the Hon'ble Delhi High Court in Saleem v. State of N.C.T Delhi , 2023 Live Law (Del.) 325 has held that though the victim has right to be heard in bail matters but the victim is not a necessary party, therefore, as a normal practice, only State Counsel should be asked to intimate the victim about filing of the bail application.
3. As regards to the right of the victim to be heard at every stages of criminal matters including the bail matters, the Hon'ble Supreme Court in Jagjeet Singh, (supra) held
Victims have the right to be heard in bail proceedings, but they are not necessarily required to be added as parties without statutory mandate.
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.
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....
Victims have the right to be heard at every stage of criminal proceedings, including bail applications, as recognized by the Supreme Court.
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