Supreme Court Mandates Hearing of Informant/Victim Before Granting Bail in Rape and SC/ST Act Cases
The Supreme Court, in X v. The State of Uttar Pradesh & Anr., emphasized the importance of victim participation in criminal proceedings by cancelling the bail granted to an accused in a serious offence. The bail proceedings were conducted without involving the victim, who was neither informed by the public prosecutor nor included in the bail application. The Court found this omission violated the victim’s rights under Section 439(1A) of the CrPC and Section 15A(3) of the SC/ST Act, which mandate the victim’s participation in such proceedings. The accused faced charges under Section 376DA (gang rape) of the IPC, POCSO Act, and SC/ST Act.
The Court criticized the Allahabad High Court for granting bail without following the required statutory provisions and without considering the serious nature of the offences. The accused were not required to include the victim or inform her of the bail proceedings. Consequently, the Supreme Court set aside the High Court's order, directing the accused to surrender before the Trial Court by December 30, 2024.