Bail -- Complainant Absent at Hearing -- Bail application in rape of minor case can proceed where complainant was duly informed but chose not to appear
Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(2) -- Bail -- Complainant Absent at Hearing -- The statutory requirement under Section 483(2) BNSS is to afford the informant or complainant an opportunity of hearing before a bail application in cases involving rape of a minor is decided. Once the complainant has been duly informed of the hearing through the local police or SJPU as required, non-appearance does not bar the court from proceeding. The bail application can be heard in the absence of the complainant who chooses not to appear despite due intimation.
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