[2026:RJ-JD:9597]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 443/2026 Arvind Alias Anil S/o Shri Rama Ji, Aged About 25 Years, R/o- Sunderpur Police Station Doongarpur. At Present In Central Jail, Bikaner. Through His Mother Smt. Shanta Devidamor W/o Shri Rama Ji, Aged 48 Years, R/o-Sunderpur Police Station Doongarpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp 2. The Director General Jail, Jaipur

3. The Superintendent Central Jail, Bikaner. 4. The Superintendent Central Jail, Udaipur.

----Respondents For Petitioner(s) : Ms. Ranjana Singh For Respondent(s) : Mr. Surendra Bishnoi, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

23/02/2026

1. By way of the present Criminal Writ Petition filed under Article 226 of the Constitution of India, the petitioner, acting through his mother, has invoked the extraordinary jurisdiction of this Court seeking a direction to the State authorities for his transfer from Central Jail, Bikaner to Central Jail, Udaipur.

2. The factual matrix giving rise to the instant writ petition reveals that the petitioner has been in judicial custody for approximately six years in connection with offences registered under Sections 366, 342, 392, 376(2) and 376(d) of the Indian Penal Code, along with Section 5(1)(J)/6 of the Protection of Children from Sexual Offences Act, 2012, and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. At present, the petitioner is incarcerated in Central Jail, Bikaner, which is situated at a considerable geographical distance from his native place and the residence of his family members.

3. I have heard learned counsel appearing for the petitioner as well as the learned Additional Government Advocate representing the State, and have carefully perused the material available on record.

4. It has been urged before this Court that the prisoner’s parents are advanced in age and afflicted with multiple health ailments, rendering them physically incapable of undertaking long and strenuous travel. Owing to the substantial distance between their place of residence and the Central Jail at Bikaner, they find it exceedingly difficult, if not practically impossible, to visit the prisoner. Their advanced age, coupled with their deteriorating health condition, significantly restricts their mobility and ability to travel.

4.1. It has further been submitted that the prisoner’s family belongs to a financially modest background, and is therefore unable to bear the recurring expenses associated with long- distance travel. As a consequence, the petitioner has been deprived of meaningful interaction with his family members and has been unable to receive emotional and moral support from them during his prolonged incarceration. Considering the fragile health condition of the petitioner’s parents and their inability to travel long distances due to age and illness, it has been prayed that the petitioner may be transferred to a jail situated closer to his place of residence, which would enable his parents to visit him without undue hardship and thereby maintain familial contact.

5. The relief sought in the present petition is thus essentially humanitarian in nature, founded upon the genuine hardship faced by the petitioner’s aged and ailing parents who are unable to travel such a long distance to meet their son. The petitioner seeks transfer solely to alleviate this hardship and to facilitate the possibility of regular family interaction during the period of his incarceration.

6. The controversy raised in the present matter is squarely covered by the order passed by this Court in SB Criminal Writ Petition No. 3288/2025, Sunil @ Jenter vs. State of Rajasthan, decided on 05.02.2026, wherein this Court had occasion to consider an analogous issue relating to the transfer of a prisoner on humanitarian grounds. The relevant observations made therein are reproduced as under:

3. Upon an objective consideration of the facts, this Cour