# application for bail a copy of the order passed by the Magistrate in the same matter, the

- **Citation:** C.L. No. 42/VIIb-47
- **Court:** Allahabad High Court
- **Decided:** 1977-03-08
- **Case number:** C.L. No. 42/VIIb-47
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/application-for-bail-a-copy-of-the-order-passed-by-the-magistrate-in-the-same-163326
- **Pages:** 1

## Text

228
C.L. No. 42/VIIb-47 dated 8th March, 1977

In order to enable a party applying for bail in the sessions court to annex to his
application for bail a copy of the order passed by the Magistrate in the same matter, the
Magistrates shall, while recording their order refusing bail, prepare a copy of such order
by placing a carbon and paper below the paper on which they write the order in their own
hand and deliver the same free of cost to the counsel for the accused immediately.
Similarly a carbon copy of the order refusing bail shall also be prepared by the Sessions
Judges and delivered free of cost to the counsel for the accused immediately so that the
same may be annexed to the application for bail made to the High Court.
C.L. No. 10/VIIb-47 dated 20th January, 1976

The District and Sessions Judges are authorized to transfer bail applications to the
Additional District and Sessions Judges as and when they consider expedient or
necessary.
C.L. No. 145/VIIb-47 dated 19th December, 1979

The Sessions Judges and the Magistrates should insist that in applications for bail
the fact whether the accused has obtained bail or has moved an application for bail in any
other case or otherwise should be clearly stated.
C.L. No. 37/VIIb-47-Admn.(G) dated 25th August, 1988
All the District & Sessions Judges should henceforth ensure that the second bail
application must state whether or not bail of the applicant has been rejected by the High
Court or the Court of Sessions.
C.L. No. 95/IVf-69 dated 14th September, 1978

Attention of all the Presiding Officers is invited to the decision of Supreme Court
concerning bail matter in case of Moti Ram and others Vs. State of Madhya Pradesh
reported in 1978 Cr.L.J. 1703
C.L. No. 84/IXf-69 Admn. (G) dated 29th October, 1980

It brings to the notice of all Presiding Officers that in Writ Petition No. 57 of
1979 : Hussainara Khatoon and others vs. Home Secretary, State of Bihar, Patna Dated
12.2.1979, (reported in AIR 1979 Supreme Court 1360) in the context of pretrial release
of accused persons, Hon'ble the Supreme Court has observed that if the court is satisfied
after taking into account, on the basis of information placed before it, that the accused
has his roots in the community and is not likely to abscond it can safely release the
accused on his personal bond. To determine whether the accused has his roots in the
community which would deter him from fleeing, the court should take into account the
following factors concerning the accused:-
1.
the length of his residence in the community,
2.
his employment status, history and his financial condition,
3.
his family ties and relationships,
4.
his reputation, character and monetary condition,
5.
his prior criminal record including any record of prior release on
recognizance or on bail,