When the Single bench of Justice Birendra Kumar passed a judicial order in a bail application that victim shall be impleaded as a party respondent in every bail application, the Rajasthan High Court has passed a standing order on 15.09.2023 making it mandatory to implead victim as party in bail application.

The order of the Registrar General of Rajasthan high Court passed the standing order wherein it has been stated that, "a victim has a legally vested right to be heard at every step post the occurrence of an offence. Such a 'victim' has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal or revision.

Therefore,, in view of the above, it is enjoined upon all concerned that in future, in all matters arising out of a criminal act committed against victim as defined under section 2(was) of CRPC, the victim be necessarily impleaded as party respondent."

In the order dated 08.08.2023, the court relied upon the judgment of the Supreme Court passed in the case of Jagjeet Singh & Ors. Vs. Ashish Mishra @ Monu & Anr. reported in (2022) 9 SCC 321 and observed

"Evidently, the right of the victim is substantive as well as enforceable and cannot be termed as restrictive. Therefore, in my view, the victim is a necessary party to be added in all the bail matters arising out of criminal act committed against the victim as defined under Section 2(wa) of Cr.P.C. The Court has experienced sometimes, that even the Public Prosecutor does not inform the victim and the victim remains unheard. Once the right of the victim is recognized to participate even at the stage of grant or cancellation of bail, by necessary implication, the victim would be a necessary party even in the bail matters. Therefore, it is directed that the victim be impleaded as party-respondent and notice be issued to the victim through both the processes."

Case details:-

S.B. Criminal Miscellaneous Bail Application No. 9490/2023
Nitoo Singh @ Nitu Singh 
Versus
State Of Rajasthan, Through Pp