Bail cannot be granted in SC/ST atrocities cases without hearing victim: Delhi HC
The Delhi High Court has ruled that bail cannot be granted in cases registered under The Scheduled Tribes (Prevention of Atrocities) Act, 1989 without affording the victim or complainant an opportunity to be heard. This ruling came in response to a plea filed by the victim challenging a trial court’s decision to grant bail to an accused charged with serious offenses under the Indian Penal Code (IPC) and provisions of the SC & ST Act.
Justice Navin Chawla emphasized the mandatory nature of compliance with the relevant sections of the SC & ST Act and stated that bail granted without notice to the complainant is susceptible to cancellation. The complainant alleged that the bail order was issued without her being served notice or given an opportunity to present her case. Justice Chawla concurred with the complainant’s argument, acknowledging the procedural irregularity in the trial court’s decision.
As a result, the court ordered the bail application to be reconsidered by the trial court, with a directive to afford the appellant, who is the alleged victim, a fair opportunity to be heard. However, in a balancing act between justice and the rights of the accused, the court stipulated that the accused should not be taken into custody for a period of 15 days, subject to further orders by the trial court. The ruling serves as a significant step towards ensuring the protection and rights of victims in cases under the SC & ST Act.
The ruling by the Delhi High Court sets a precedent for ensuring the rights of the victim or complainant in cases registered under The Scheduled Tribes (Prevention of Atrocities) Act, 1989. The decision emphasizes the mandatory nature of affording the victim or complainant an opportunity to be heard before granting bail, highlighting the importance of compliance with relevant sections of the SC & ST Act. It also serves as a reminder of the balance between justice for the victim and the rights of the accused, with a directive to provide a fair opportunity for the victim to present their case.
