Mandatory to hear victim before deciding on bail in rape, SC/ST Act cases: Supreme Court

New Delhi: The Supreme Court has said it is mandatory to issue notice to the victim while deciding the bail plea in a case of rape or offences under the Scheduled Castes and Scheduled (Prevention of Atrocities) Act, 1989.

"It is pertinent to note that as per Section 439(1A) of CrPC, the presence of the informant or any person authorised by him or her is obligatory at the time of hearing of the application for bail to the person under sub-section (3) of Section 376 or Section 376AB or Section 376DA or Section 376DB of the IPC," a bench of Justices Bela M Trivedi and Satish Chandra Sharma said

Similarly, the bench also noted it is also mandatory on the part of the special public prosecutor to inform the victim about the court proceedings, including bail proceedings as contemplated in sub-section (3) of Section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The court explained the legal provisions, while allowing a plea by the minor rape victim against the Allahabad High Court's order granting bail to two accused.

The court directed two accused Khargesh and Golu to surrender before the trial court on or before December 30, 2024, after finding the high court passed its orders in utter disregard of the mandatory provisions contained in the CrPC as well as in the SC/ST Act.

In the case, the bench noted the accused had not impleaded the present appellant as the party respondent in the bail proceedings before it, and the concerned public prosecutor also had not informed her about the said proceedings.

Thus, the bench said, "There is gross violation of the said statutory provisions contained in Section 439(1A) of CrPC and Section 15A(3) of the SC/ST Act, at the instance of the respondents."

Besides, the bench found, the HC granted bail to the concerned accused in a very casual and cursory manner and without assigning any cogent reasons, though the concerned respondents are prima facie involved in a very serious offences.