The Rajasthan High Court recently said that bail matters can be decided without hearing the victim or complainant except in rape cases. The division bench of Justice Arun Bhansali and Justice Pankaj Bhandari observed while ruling on a criminal reference whether the complainant or the first informant is a necessary party in bail applications under Sections 437, 438, and 439 (provisions for bail including pre-arrest bail) of Code of Criminal Procedure (CrPC). The high court ruled that a victim of a crime is not a necessary party to bail applications while further stating that such petitions can be decided without hearing the victim or complainant. Rajasthan High Court Grants Bail to Man Booked Under OSA for Sharing Military Information With Pakistan Intelligence Through Social Media.

HC on Bail Matters

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