The Allahabad High Court (Lucknow Bench) while hearing the second bail application of the petitioner observed that it is well known that no judge can claim that his order has never been set aside or interfered with and on perusal of judgment the bail order was required to be interfere.
The said observation was given by Single Bench of Justice Pankaj Bhatia on the second bail application filed by the accused Rakesh Tiwari, who was seeking bail in the offence lodged under Section 103(1) of BNS, 2023 and Section 4/25 of Arms Act, 1959.
In respect of the instant matter, the first bail application of the applicant was rejected on 03.11.2025.
During the hearing of the case, the order which has been passed in Chetram Verma vs. State of U.P., Criminal Appeal No.770 of 2026 (Arising out of SLP (CRL) No.19237 of 2025) by the Supreme Court was discussed, in which Supreme Court stated that,
“The impugned order is one of the most shocking and disappointing orders that we have come across over a period of time.
We fail to understand on plain reading of the impugned order as to what the High Court is trying to convey. What weighed with the High Court in exercising its discretion in favour of the accused for the purpose of grant of bail in a very serious crime like dowry death. What did the High Court do? All that the High Court did, was to record the submission of the defense counsel and thereafter proceeded to observe that the accused was in jail since 27.07.2025 and there being no criminal history, he was entitled to bail. Accordingly, bail came to be granted.”
The Court after discussing the aforesaid order in detail refused to hear the instant bail application.
Thereafter, the Court ruled that,
“………..the observations made in the judgment particularly in paras 4 and 29 have had a huge demoralising and chilling effect on me.”
Accordingly, the court released the matter and requested the Chief Justice not to assign the Bail Roster to him in the future.
Case: Rakesh Tiwari vs State Of U.P. Thru. Secy. Deptt. Of Home Lko.
Date of Order: 13.02.2026
See the Order: Rakesh Tiwari vs State Of U.P. Thru. Secy. Deptt. Of Home Lko.
