Case Note & Summary
The applicant, a woman working as a Guest Relation Manager, filed a criminal application before the Bombay High Court seeking to set aside an order dated 8th December 2025 passed by the Sessions Court at Dindoshi, Borivali Division, Goregaon, Mumbai, which granted bail to the first respondent (accused). The applicant contended that the bail order was passed without giving her any notice, as required under Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The High Court examined the provision and noted that it mandates the court to give notice to the victim before granting bail in cases involving certain offences, including sexual offences. The court observed that the Sessions Court had failed to comply with this mandatory requirement. Consequently, the High Court set aside the bail order and remanded the matter back to the Sessions Court for fresh consideration, directing that the victim be given an opportunity to be heard. The court clarified that it had not expressed any opinion on the merits of the bail application.
Headnote
A) Criminal Procedure - Bail - Mandatory Notice to Victim - Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicant, a victim of sexual assault, challenged the bail granted to the accused on the ground that no notice was given to her before the bail order was passed. The High Court held that the requirement of notice under Section 23(2) BNSS is mandatory and its non-compliance vitiates the bail order. The court set aside the bail order and directed the Sessions Court to decide the bail application afresh after giving notice to the victim. (Paras 1-6)
Issue of Consideration
Whether the Sessions Court's order granting bail to the accused is liable to be set aside for non-compliance with the mandatory requirement of notice to the victim under Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Final Decision
The High Court allowed the application, set aside the bail order dated 8th December 2025 passed by the Sessions Court at Dindoshi, and remanded the matter back to the Sessions Court for fresh consideration of the bail application after giving notice to the victim and affording her an opportunity to be heard. The court clarified that it had not expressed any opinion on the merits of the bail application.
Law Points
- Mandatory notice to victim before bail
- Section 23(2) BNSS
- Victim's right to be heard
- Bail order set aside for non-compliance
Case Details
Criminal Application No. 461 of 2025
Mr. Bahraiz Irani a/w Shane Santos, Anosh Irani and Amit Padwal for the Applicant; Mr. Shyam Sundar Deshmukh for Respondent No.1; Ms. Anamika Malhotra, APP for the State-Respondent No.2; Mr. Vasant Devkate, Police Inspector, Amboli Police Station
Rhythm Arvind Goyal and Anr.
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Nature of Litigation
Criminal application challenging the grant of bail to the accused in a sexual offence case.
Remedy Sought
Setting aside of the bail order dated 8th December 2025 passed by the Sessions Court at Dindoshi, Borivali Division, Goregaon, Mumbai.
Filing Reason
The bail order was passed without giving notice to the victim, in violation of Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Previous Decisions
The Sessions Court at Dindoshi granted bail to Respondent No.1 on 8th December 2025.
Issues
Whether the Sessions Court's order granting bail to the accused is liable to be set aside for non-compliance with the mandatory requirement of notice to the victim under Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Submissions/Arguments
The applicant argued that the bail order was passed without giving her any notice, as required under Section 23(2) BNSS.
The respondent and state did not make specific submissions on the notice issue as the court focused on the legal requirement.
Ratio Decidendi
The requirement of notice to the victim under Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is mandatory. Non-compliance with this requirement vitiates the bail order. The victim has a right to be heard before bail is granted in cases involving specified offences, including sexual offences.
Judgment Excerpts
By way of this Application, the Applicant seeks setting aside of order dated 8th December 2025 passed by the Sessions Court at Dindoshi, Borivali Division, Goregaon, Mumbai, whereby the Respondent No.1 is enlarged on bail.
The facts of the case, in brief, are that the Complainant, is a woman, working as a Guest Relation Manager in 'Shayalo Club'.
Procedural History
The Sessions Court at Dindoshi, Borivali Division, Goregaon, Mumbai passed an order on 8th December 2025 granting bail to Respondent No.1. The applicant (victim) filed Criminal Application No. 461 of 2025 before the Bombay High Court challenging the bail order on the ground of non-compliance with Section 23(2) BNSS. The High Court heard the matter and delivered judgment on 18th December 2025, setting aside the bail order and remanding the matter for fresh consideration.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023: 23(2)
