Bail from Allahabad High Court: Frequently Asked Question

Here are some questions which are frequently asked regarding the law of bail and its practice in Allahabad High Court.

When is an anticipatory bail application filed before Hon’ble Allahabad High Court?

As per the procedural law contained in the Cr. P.C., in a cognizable, non-bailable offence, where police are trying to make an arrest, an accused person may get filed anticipatory bail application either before the Session Judge at the district level or directly before the High Court. However, High court in very circumstances entertains an anticipatory bail application filed directly before it. In practice, all anticipatory bail applications should be filed before the session courts first. The rare circumstance in which high court may entertain an anticipatory bail application may include, amongst other, the closure of local courts due to some local reasons, unableness to reach local court due to danger to life etc.

When is regular bail application filed before Hon’ble Allahabad High Court?

When bail application is rejected by the learned magistrate, the accused may file bail application before the Sessions Court or High Court. The Code of Criminal Procedure confers concurrent jurisdiction upon the Sessions Court and Hon’ble High Court to grant bail under section 439 Cr.P.C. however, normal practice is otherwise. When bail is rejected by the learned magistrate, the bail application is file before the Sessions Court and if Sessions Court rejects the bail only then bail application is filed before the Hon’ble Allahabad High Court.

What is the procedure for filing bail before Allahabad High Court?

When the bail application is rejected by the learned Sessions Court, the accused may file a bail application before Hon’ble Allahabad High Court. The pairokar of the accused has to come to Allahabad along with a free copy of the bail rejection order, a certified copy of First Information Report, and other relevant documents including case diary. If Charge-sheet has been submitted, then a certified copy of Charge-sheet is also required. The copy of the bail application is served in the office of the Government Advocate two days prior to the filing of the same before the Hon’ble Court. Normally, seven days’ time is exhausted in considering the bail application by the Hon’ble Allahabad High Court.

What happens if Hon’ble Court has called for Counter Affidavit (CA) from the Government Advocate in bail matters?

Normally, bail is granted on the first date of hearing, however, if entire documents are not available on record, or if entire documents have not been annexed by the applicant seeking bail along with his bail application, and charges are very serious in nature, only then Hon’ble Allahabad High Court calls for Counter Affidavit granting normally four weeks’ time to the Government Advocate. If the Counter Affidavit is called for, then the bail application is decided after receiving Counter Affidavit and it takes around two months’ time.

What must be included in bail application?

While drafting bail application following facts must be stated in the bail application –

1. Case Crime Number
2. Sections of the Indian Penal Code in which the accused/applicant has been challaned.
3. Name of Police Station where the First Information Report has been registered.
4. Name of District where the First Information Report has been registered.
5. The criminal history of the applicant/accused must be properly explained.
6. Undertaking to this effect that in case the applicant is released on bail he shall not tamper with the evidence and he shall not intimidate the witnesses.
7. Undertaking to this effect that the accused shall file adequate bonds and sureties before the competent court, in case he is released on bail.

What Hon’ble Judges at Allahabad High Court consider while granting bail?

While granting bail, among other circumstances, the following factors are normally considered by the Hon’ble Allahabad High Court –

1. Whether there is any prima-facie or reasonable ground to believe that the accused had committed the offence.
2. Nature and gravity of the accusation.
3. The severity of the punishment in the event of a conviction.
4. The danger of the accused absconding or fleeing, if released on bail.
5. Character, behaviour, means, position and standing of the accused.
6. Likelihood of the offence being repeated.
7. Reasonable apprehension of the witnesses being influenced; and
8. Danger, of course, of justice being thwarted by grant of bail.

How to get bail from Hon’ble Allahabad High Court in criminal cases involving an allegation of murder?

The factors which are considered by the Hon’ble Allahabad High Court while granting bail in cases involving an allegation of murder are the time of the incident, delay in lodging First Information Report, nature of allegation in the First Information Report, weapon assigned to the accused, nature of injuries, eyewitness account, the antecedent of the accused, the period of detention and stage of investigation or trial, etc.

How to get bail from Hon’ble Allahabad High Court in criminal cases involving an allegation of Dacoity?

Nowadays Dacoity cases are very meager. However, in case, any person is accused of Dacoity he may file a bail application which may be considered by the Hon’ble Allahabad High Court taking into consideration the following factors:

1. Delay in lodging First Information Report.
2. Whether the accused is named in the First Information Report or not.
3. Whether the accused has been identified by the witnesses in the Test Identification Parade if any,
4. Whether any booty has been recovered from the possession of the accused or not.
5. Whether the accused is having any criminal antecedent or not.
6. Period of detention of the accused.
7. Stage of investigation or trial.

How to get bail from Hon’ble Allahabad High Court in criminal cases involving an allegation of rape?

Rape is a very serious offence, however, nowadays there is a tremendous increase in the number of false cases for extraneous reasons. Sometimes people in order to settle their personal score or grudge, level false allegations through any promiscuous lady. In rape cases, there is a consideration of the following factors while granting bail-

1. Delay in lodging First Information Report.
2. Age of victim.
3. Nature of external and internal injuries, if any.
4. The antecedent of victim.
5. The criminal history of the accused.
6. Period of detention of accused.
7. Eyewitness account, if any.
8. The number of accused persons involved in committing the alleged offence i.e. whether it was a case of gang rape or not.
9. Whether the victim was a consenting party or not.
10. Whether there was any previous enmity between the family of the victim and accused.

How to get bail from Hon’ble Allahabad High Court in criminal cases involving allegation of cheating?

Cases of cheating are swiftly increasing. Normally, this kind of offence is committed by white-collar criminals. Nowadays courts are reluctant in granting bail to the accused of cheating and forgery. However, normally bail is considered on the following factors:

1. Delay, if any, in lodging First Information Report,
2. Whether there is any civil dispute between the accused and the victim,
3. The nature of allegations,
4. The amount involved,
5. The specific role of accused assigned in the First Information Report,
6. Nature of evidence collected by the Investigating Officer during the course of the investigation,
7. Period of detention of the accused,
8. The criminal antecedent of the accused.

How to get bail from Hon’ble Allahabad High Court in criminal cases involving an allegation of corruption?

Corruption is very deep-rooted in our society. At present, public servants have obtained leviathan of wealth by corrupt practices. However, it has also become a tool to implicate the innocent, honest, and diligent public servants to settle personal scores. Corruption cases are attended by different courts earmarked for the said purpose. Following factors are considered while granting bail to an accused of corruption cases :

1. Delay, if any, in lodging First Information Report.
2. Amount, if any, recovered from the possession of the accused.
3. Specific role of accused assigned in the First Information Report.
4. Nature of evidence collected by the Investigating Officer during the course of the investigation.
5. Period of detention of the accused.
6. Criminal antecedent of the accused.
7. Eyewitness account, if any.
8. General reputation of the accused in the department.
9. Character roll entries of the accused.
10. Defence plea regarding false implication.

How to get bail from Hon’ble Allahabad High Court in N.D.P.S. matters?

In Uttar Pradesh, the number of cases under the Narcotic Drugs and Psychotropic Substances Act 1985 are not very high in comparison to other States. A Bail in N.D.P.S. matters is considered on the following factors:

1. Delay, if any, in lodging First Information Report,
2. What contraband has been recovered,
3. Whether recovered contraband is below commercial quantity or above commercial quantity,
4. Whether contraband has been recovered from the possession of the accused or at the pointing of the accused,
5. Whether search and recovery were made in presence of Gazetted Officer,
6. Whether the mandatory provisions contained under the Act has been complied with while making search and recovery or not,
7. Whether the accused is having any criminal history of cases of similar nature or not,
8. Period of detention,
9. Public witness of recovery, if any,
10. Report of a forensic expert on the content of recovery.