Attend to criminal history of accused while deciding on bail pleas: HC to courts

·2-min read

Allahabad, Dec 19 (PTI) The Allahabad HC has directed all courts in Uttar Pradesh to attend to the issue of criminal history of accused while deciding their bail applications and also give a complete detail of criminal antecedents, if any.

The court ruling came after an accused in a kidnapping and murder case, Udai Pratap, alias Dau, claimed in his bail application that he has no criminal history but the state counsel on the basis of information received from police disclosed that he had seven other cases registered against him.

Justice Samit Gopal while rejecting the bail application observed, “The order rejecting bail by the courts below is silent about the criminal antecedents of the applicant/accused but on the basis of instructions of the additional government advocate (AGA) of this court or on the basis of instruction of counsels for the first informant (who has lodged FIR), it transpires that the applicant/accused has previous criminal history,” “When the counsels, appearing for applicants are countered with the same, it becomes embarrassing for them and is also an impediment in deciding the bail application due to the non-disclosure of the criminal history of the accused,” the court added.

The court further said, “Although the criminal antecedents of accused are not the sole and decisive factor for decision of bail applications but the same needs to be considered while deciding an application for bail under Section 439 Criminal Procedure Code (CrPC) as per the legislative mandate of Section 437 CrPC, which provides grounds as to when a person will be released on bail in case of a non-bailable offences.” Justice Gopal directed the Registrar General of the court to communicate the order to all district and sessions judges of the state, who shall ensure the immediate implementation of it in courts under their jurisdiction.

The court also directed the Registrar General to ensure compliance of the order and submit a report by January 29. PTI CORR RAJ RDK RDK