Supreme Court disapproves Allahabad High Court practice of dismissing several bail applications on same day for default

The Supreme Court recently took exception to the Allahabad High Court dismissing almost 50 bail applications on the same day citing default or non-prosecution [Rahul Sharma v. State of Uttar Pradesh and Another]. .A division bench of Justices Ajay Rastogi and Bela M Trivedi was hearing an appeal challenging one such Allahabad High Court order dismissing an anticipatory bail application on the ground that the appellant/ bail applicant failed to appear before the Court on the scheduled date of hearing. Taking critical note of resorting to such a practice, the bench commented:"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.".Earlier, the Supreme Court had asked the registrar of the High Court to submit a report on reasons why almost 45 bail applications were dismissed on the same date and in the same fashion for default or non-prosecution."This kind of approach in passing orders is not acceptable by this Court at any cost," the Supreme Court had remarked, in its earlier order.The Registrar, in turn, submitted an affidavit informing that the bail application filed by the appellant, in this case, was first listed on July 2, 2021, when interim protection was granted to him. Thereafter, it was informed that the matter was listed almost a year later, on September 27, 2022, when the High Court rejected the bail plea on the ground of non-prosecution as he failed to appear before the Court on the said date..In his appeal before the Supreme Court, the appellant placed on record almost 50 consistent orders delivered by the High Court, in a standard format and on the same day, which were dismissed citing non-prosecution. The apex court cautioned High Court against the same and set aside the High Court decision and directed the restoration of the appellant's bail application..[Read Order]