The Rajasthan High Court at Jodhpur has directed its Government Advocate-cum-Additional Advocate General (GA-cum-AAG) office to seek a factual report on an FIR at the initial stage of bail proceedings, preferably within 3–7 days of filing a bail application.
Justice Ravi Chirania passed the directions on August 24, 2026, while dealing with a bail application filed by Manish Kumar. The Court said the step was intended to reduce avoidable delays, particularly where the allegations concern petty or less serious offences.
Background of the Case
The matter was registered as S.B. Criminal Miscellaneous Bail Application No. 11454/2026, with Manish Kumar as the petitioner and the State of Rajasthan as the respondent.
The Court noted that bail applications are ordinarily listed around four to five days after filing. Once taken up, the Court generally calls for the case diary from the concerned police station. According to the order, obtaining the case diary and thereafter hearing the matter on merits can take another 15–20 days, leading to delays for persons who remain in custody.
Court’s Observation
The Court considered whether a factual report relating to the FIR could be obtained before calling for the complete case diary. The State informed the Court that calling for the case diary at the beginning could sometimes interfere with an ongoing investigation.
The GA-cum-AAG office, however, agreed to immediately communicate the filing of a bail application to the concerned police station and make efforts to obtain the factual report within 3–7 days.
The Court also referred to the Supreme Court’s recent concern over delays in bail matters in Sunny Chauhan v. State of Haryana.
"Among the miscellaneous matters, nothing can be more important than deciding the fate of an application for bail."
The High Court said the Supreme Court’s directions concerning timely consideration of bail matters needed to be adopted to avoid unnecessary delays and ensure that applications are considered on merits at the earliest.
Decision
The Court directed the GA-cum-AAG office to ensure that the FIR’s factual report is sought in the first instance, preferably within 3–7 days from filing of the bail application and submission of its copy. The office was also directed to maintain records of its communication with the concerned police station or agency.
The Court clarified that bail applications in petty and other offences may be heard and decided on the basis of the factual report unless the Court considers the case diary necessary. The requirement would therefore depend on the circumstances of each case.
In the present matter, the Public Prosecutor was directed to procure the case diary on the next date, and the case was listed for September 3, 2026.
Case Details
Case Title: Manish Kumar v. State of Rajasthan
Case Number: S.B. Criminal Miscellaneous Bail Application No. 11454/2026
Judge: Justice Ravi Chirania
Decision Date: August 24, 2026
