Victim has the right to oppose bail application of accused. A person has made false document of my land and tried to sell. When I came to know about it then immediately made a complaint to the District Magistrate. The DM referred the matter to the SDM for enquiry. After the enquiry the SDM found that the allegation is true. He submitted the report to the DM. The DM has directed the Tehsildar to lodge first information report against the person who had prepared false documents. That person has been arrested and in jail. When the accused applied for bail, I appeared in the court for opposing the bail application. The court refused to hear me. Court said that the prosecution is already on record and appearing for opposing bail application then you cannot be a party at this stage. I want to be a party and present in the court for contesting the bail of accused.
Asked from: Chhattisgarh
The victim has the right to oppose a bail application, as they are entitled to appear in any proceeding. According to Section 2(wa) of the Code of Criminal Procedure, the term “victim” has been defined. As per this definition, the victim’s guardian and legal heir are also included as victims. The court cannot prevent the victim from participating in proceedings from the stage of the First Information Report (FIR) onward.
In this case, although the FIR was lodged by the Tehsildar under the direction of the District Magistrate, you are the actual victim of the offence. The accused attempted to sell your land using forged documents. As the victim, you have the right to appear through your advocate at the stages of both trial and appeal. The Supreme Court, in Jagjeet Singh vs. Ashish Mishra (2022), held that the victim has the right to be heard in a bail application. The court cannot exclude the victim from any stage of the proceeding.
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