# for his reliability

- **Citation:** C.L. No. 64/VIIIh-23
- **Court:** Allahabad High Court
- **Decided:** 1979-06-13
- **Case number:** C.L. No. 64/VIIIh-23
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/for-his-reliability-163331
- **Pages:** 1

## Text

229
6.
the identity of responsible members of the community who would vouch
for his reliability,
7.
the nature of the offence charged and the apparent probability of
conviction and the likely sentence in so far as these factors are relevant to
the risk of non appearance and ,
8.
any other factors indicating the ties of the accused to the community or
bearing on the risk of willful failure to appear.
C.L. No. 64/VIIIh-23 dated 13th June, 1979

Whenever the courts pass orders for bail, the readers should mention the name of
Public Prosecutor, Assistant Public Prosecutor or D.G.C. or A.D.G.C. (Criminal) or
Panel lawyer who do not oppose petitions for bail or admit any material fact pleaded in
the bail petitions benefiting the accused.
C.L. No. 53/VIIb-47/Admn.(G) dated 25th August, 1989

The Court has noticed that the orders passed on a bail application by the Sessions
Court are not tagged with the record of Sessions Trial depriving the Prosecution to take
the benefit of statements given at the time of grant of bail by the defence and at the time
of trial of criminal cases. According to rule 24 of General Rules (Criminal) 1977, every
paper in the case from the information on which cognizance was first taken, up to and
including the warrant received back under section 430 of the Cr.P.C., are the contents of
the record.

Therefore, all the presiding officers are directed to keep on record copies of the
orders passed on bail applications.
(ii)
Refusal of bail by the police
C.L. No. 14/VII-b-47, dated 17th February, 1968

In order to check deliberate refusal of acceptance of bail in a bailable offence by
the investigating Police Officers, though offered by the accused persons, it is necessary
that in cases where the Magistrate finds that there has been an unjustifiable refusal the
matter should be brought to the notice of the Government for necessary action.
(iii)
Bail or parole refused by superior court
C.L. No. 148/VIIIb-47, dated 21st September, 1974
Subordinate courts should grant bail or parole sparingly and only in exceptional
circumstances after the same has been refused by the superior court in cases where;
(1)
a different stage in the proceedings has been reached at which different
considerations arise for the grant or refusal of bail, or
(2)
new grounds appear subsequently which were not available at the time of
the refusal of bail by the superior court and such new grounds make out a
case for the grant of bail.
Requirements of Section 437, Cr.P.C., in such cases, should be fulfilled and
reasons for granting bail or parole should be recorded. Orders of bail in cases beyond the
territorial jurisdiction of the court should not be passed.