The Allahabad High Court flagged non-compliance by a trial court for maintaining illegible order sheets despite clear directions, while granting bail in a 2018 police firing case and ordering systemic corrective measures to ensure readable judicial records.
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UTTAR PRADESH: The Allahabad High Court has granted bail to a man accused in a 2018 case involving alleged firing on a police party, while also strongly flagging non-compliance by a trial court with its binding directions on maintaining legible judicial records.
The order was passed by Justice Arun Kumar Singh Deshwal, who, before examining the merits of the bail plea, reviewed a report submitted by the Additional District and Sessions Judge, Court No. 1, Baghpat. The report was called for pursuant to the High Court’s earlier order dated November 28, 2025, concerning the maintenance of an illegible order sheet in the criminal case.
The issue arose despite an earlier direction of a coordinate bench of the High Court in proceedings under Section 482 of the Code of Criminal Procedure (CrPC), which had categorically required that order sheets be typed or written in clear, legible handwriting.
In her report, the trial judge admitted that:
- She was aware of the High Court’s earlier order.
- Order sheets prepared after she received the case file in December 2022 were written in illegible handwriting.
Justice Deshwal observed that this amounted to a clear violation of the High Court’s binding directions, noting that the non-compliance was admitted despite prior knowledge of the order.
While the Court found that the facts disclosed a case of disobedience of a High Court order, it refrained from passing any strictures against the judicial officer. Instead, the Court expressed an expectation that greater care would be taken in the future while maintaining judicial records.
To address the issue at an institutional level, the Court directed the Registrar General of the Allahabad High Court to:
- Circulate the earlier order to all District Judges across Uttar Pradesh, and
- Sensitise judicial officers to the mandatory requirement of maintaining legible or typed order sheets.
Turning to the bail plea, the applicant Babbu alias Haider was accused in a 2018 case registered at Khekna Police Station, Baghpat district, under Sections 147, 148, 149, and 307 of the Indian Penal Code (IPC).
The defence contended that:
- The alleged firing incident caused no injuries.
- Haider was not arrested at the spot, and his name emerged later based on the statement of a co-accused.
- He had earlier been granted bail in 2018 and again in September 2021.
- Charges could not be framed due to the co-accused’s absconding.
- His subsequent absence was due to his mother’s illness, following which a non-bailable warrant was issued.
- He had been in custody since March 5, 2025, and although he had five criminal cases, prolonged incarceration was unjustified.
The State opposed the bail plea, arguing that Haider’s past conduct raised serious concerns about securing his presence during trial if released.
High Court’s Findings
After considering all submissions, the High Court noted that:
- Haider had been granted bail on earlier occasions.
- The trial was unlikely to conclude in the near future as one co-accused remained absconding.
- Continued incarceration was not warranted in the given circumstances.
Accordingly, the Court held that the applicant was entitled to be enlarged on bail.
Allowing the criminal’s miscellaneous bail application, Justice Deshwal ordered:
- Haider’s release on bail is subject to strict conditions to ensure his presence during the trial.
- The trial court is to process the release through the Bail Order Management System (BOMS) for early release.
- Permission to rely on a downloaded copy of the High Court’s order, subject to filing a certified copy within 15 days.
Case Title:
Babbu Alias Haider vs. State of U.P.
CRIMINAL MISC. BAIL APPLICATION No. – 37160 of 2025
READ ORDER
