Sorry State Of Affairs That Session Courts Reject Bail Pleas In Petty Issues In A Routine Manner: Allahabad High Court

The Allahabad High Court recently disapproved of the approach of the sessions court in rejecting the bail application without application of judicial mind and in a routine manner in petty issues.

The bench of Justice Suresh Kumar Gupta observed that it is a very sorry state of affairs that in petty issues bail applications, the session courts deny bail to the accused, prompting them to move to the High Court for relief.

The Court was essentially dealing with the anticipatory bail application filed by one Rudra Dutt Sharma, a 60 year old man, who has been booked under sections- 147/353 IPC. It was his submission that no specific role was assigned to him and that the offence leveled against him is punishable by upto two years.

It was argued that after filing of charge-sheet, the applicant had moved the anticipatory bail application before the sessions court, however, the sessions court without appreciating the material available on record rejected the same and now, since he is having an apprehension of arrest, therefore, he sought anticipatory bail.

At the outset, the Court took into account the Supreme Court's ruling in the case of Aman Preet Singh vs. C.B.I. through Director LL 2021 SC 416, wherein it was held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during the investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

In Aman Preet Singh Case, the Supreme Court had categorically observed that if a person has been enlarged and free for many years and has not even been arrested during the investigation, to suddenly direct his arrest and to be incarcerated merely because the charge sheet has been filed would be contrary to the governing principles for grant of bail.

In view of the law laid down by the Apex Court, the High Court took into account the facts and circumstances of the case as well as submissions advanced by counsel for the parties and decided to grant anticipatory bail to the accused.

The Court also made the following observations regarding the denial of bail pleas in petty issues:

"I am of the view that often it is seen that even in a petty issue, the sessions court rejects the bail application without application of judicial mind and in a routine manner. This is a very sorry state of affairs. Such type of bail application should be considered and decided by the session court. It is a fit case for grant of anticipatory bail to the applicant."

Case title - Rudra Dutt Sharma Alias Rudra Singh v. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION 438 CR.P.C. No. - 8819 of 2022]

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