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MS G vs. State NCT of Delhi and Anr.

Criminal Miscellaneous Case · 2026:DHC:8405Decided 28 Sept 2026New Delhi Bench
CRL.M.C. 4970/2026CNR: DLHC010307462026
Justice Saurabh Banerjee

Background

The petitioner (a rape survivor/prosecutrix) challenged an order of the Trial Court (ASJ-03, North-East District, Karkardooma Courts) that had granted regular bail to the accused under Section 376 IPC/Section 69 BNS just three days after his arrest. Her core complaint was not about the merits of the bail but that she was never given notice or an opportunity to be heard before bail was granted: a right the law specifically protects for survivors in sexual-offence cases.

Decision Breakdown

The Court held that under Section 439(1A) CrPC / Section 483(2) BNSS, and following Supreme Court precedent (Jagjeet Singh vs. Ashish Mishra and Ms. X vs. State of Maharashtra), a victim who herself set the criminal process in motion has a vested right to be heard at every stage, including at a bail hearing: the State's presence in the case does not substitute for the victim's own voice. Because the Trial Court had granted bail without notifying the survivor, the High Court set aside the bail order and sent the bail application back for fresh decision within two weeks, this time with the survivor given a chance to be heard. The Court was careful to say it wasn't ruling on the merits of bail itself, and, since the only defect was lack of notice, directed that the accused not be re-arrested pending the fresh hearing.

Lesson Learnt

A victim/survivor in a serious criminal case (especially sexual offences) has an independent, enforceable right to be heard before bail is granted to the accused: the State appearing in court is not a substitute for the victim's own participation, and bail granted without notifying the victim can be set aside on that ground alone.

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