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The Allahabad High Court mentioned that Sessions Courts ought to not reject bail purposes on petty points without exercising judicial discretion. This order was given by Justice Suresh Kumar Gupta on the application of Rudra Dutt Sharma alias Rudra Singh beneath Khurjanagar police station in Bulandshahr searching for anticipatory bail in the crime registered beneath part 147/353 of IPC.
In this case the counsel for the applicant submitted that the applicant is harmless and he has been falsely implicated in the case. The applicant has not dedicated any offense as alleged by the prosecution. It was mentioned that the offense leveled in opposition to the applicant carries a punishment of up to two years. After submitting the cost sheet, the applicant filed an anticipatory bail application earlier than the classes court docket, however the classes court docket rejected the similar without inspecting the materials out there on report.
The problem of consideration earlier than the bench was whether or not anticipatory bail may be granted to the applicant or not. The High Court, after contemplating the details and circumstances of the case, noticed that it’s typically noticed that even in a small case, the Sessions Court routinely rejects the bail application without exercising judicial discretion. The court docket mentioned that it is a very regrettable scenario. Such bail pleas ought to be thought-about and determined by the Sessions Court. This is an appropriate case for granting anticipatory bail to the applicant.
