POCSO--Bail--Victim's Right To Be Heard-- Bail In POCSO Cases Without Notice To Victim Vitiates Order Regardless Of Merits;
Under Section 40 of the POCSO Act, Rule 4 of the POCSO Rules 2020, and Section 483(2) of the BNSS, a victim has an enforceable right to be heard before bail is granted to an accused, particularly in serious and heinous offences. Incidental presence of the victim's mother in court in her professional capacity as an Advocate Clerk does not satisfy this statutory requirement. Presence of the State or Public Prosecutor cannot substitute the independent right of the victim to be heard.
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