Can victim oppose bail petition of accused in court?

[Anonymous]

Can the victim of the offence under section 326 IPC oppose bail petition filed by the accused in the court? Will the court allow the victim or his advocate to oppose bail?

[Dr. Ashok Dhamija]

Yes, the victim can oppose the grant of bail to the accused by appearing at the time of hearing of the bail application filed by the accused. The victim can appear in person or through an advocate. However, it should be noted that case has to be argued mainly by the public prosecutor on behalf of the state, and victim’s advocate can assist the public prosecutor or address the court on this issue. Ultimately, it is up to the court whether or not to grant bail to the accused, but the victim can oppose the grant of bail and assist the public prosecutor in this regard.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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