When childhood feels unsafe: POCSO cases in A.P.’s Rayalseema

The Allahabad High Court has ruled that anticipatory bail requests in POCSO cases must be heard following a victim's opportunity to present their side of the story. The court cancelled anticipatory bail granted to two individuals accused of molestation and related offenses against a minor. The High Court stated that the trial court had violated statutory requirements by failing to provide notice to the victim before deciding the bail application.

The court further directed that if the victim cannot afford legal representation, the court must provide a skilled legal aid counsel at state expense. The court emphasized that an order granting pre-arrest bail passed in contravention of a mandatory statutory command and in violation of principles of natural justice is void ab initio and liable to be set aside.

The High Court ordered the trial court to restore the anticipatory bail application, issue proper notice to the victim, and decide the case afresh on its merits strictly in accordance with the law.