The Supreme Court's division bench, presided over by Justices Ajay Rastogi and Bela M. Trivedi, disapproved of the Allahabad High Court's decision to deny nearly 50 bail requests due to default or non-prosecution on a single day. 

The bench was ruling on a petition that contested the High Court's decision to deny a request for anticipatory bail withholding prosecution.

During the previous hearing, it had requested a report from the High Court Registrar asking the concerned High Court Judge to provide justifications for rejecting about 45 bail applications on the same day for default in the same way. The Registrar then submitted an affidavit, in which it was stated that the appellant's bail application was listed in the first instance on July 2, 2021, and that he was given interim protection. On September 27, 2022, almost a year later, the matter was brought before the court, and due to the appellant's non-appearance, the bail application was rejected for non-prosecution.

The appellant presented nearly 50 court rulings that were issued on September 27, 2022, dismissing the individual applicants' requests for bail in order to avoid prosecution before the bench. The court further observed that the orders are in the format that the Court usually adopts. 

"In the first instance, we disapprove such practice adopted by the High Court in passing orders for dismissal of bail application in default. At the same time, it was not fair on part of the appellant also not to put appearance on the date when the matter was listed. He too was at liberty to make an application for recalling of the order dated 27.09.2022 which is assailed before this Court.", the bench observed.

The bail application was reinstated on the High Court file after the court overturned the High Court order.

Case details: Rahul Sharma vs State Of Uttar Pradesh