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Pooja Gurjar & Ors. vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Secs. 437, 438 & 439–Whether in all the bail applications u/ss. 437, 438 & 439, the complainant/informant/victim defined u/s. 2(wa) of the Cr.PC. is a necessary party and necessarily be impleaded as the party respondent ?–Held, no–The mandates of Jagjit Singh’s case that the victim has unbridled participatory rights in the criminal proceedings, does not mean that the victim must replace or substitute the State as the prosecuting agency nor that the victim must be impleaded as the party to the proceedings so as to make the victim answerable in all respects–Victim is not a necessary party and is not required to be impleaded as party-respondent in the bail applications u/ss. 437, 438 & 439.