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V Kumar Singh (Executive)     11 April 2022

Ab rejected - serious allegation

If anticipatory bail is rejected by the judge stating "Allegation is serious" and he says "I am not going into merits," can we complain against the judge ? - in present case, merits (documentary evidences) are too clear and numerous to grant bail.



Learning

 1 Replies

Aayushi Bopche   12 April 2022

No you cannnot complain against the judge if he rejected the anticipatory bail. If he has followed the law and procedure than you cannot complain against him according to the court records. Everything written or said by a judge goes into court record so he will not give any biased, unlawful judgment or have done any misconduct.

You can complain against the judge if his behaviour is rude or he has done any conduct or he is blackmailing you or he is being biased. But it is found that your complain is false or you complain because of you are holding a grudge than it will be the contempt of court. 

If you think injustice has done or you are not satisfied with the judgment given by the judge then you can appeal in the higher courts or under specific sections of CrPC.

If you think the offence is bailable then under section 438 and 439 of CrPC you can apply for bail.

Section 438 of CrPC -

Direction for grant of bail to person apprehending arrest.

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cogniz-ance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1).

Section 439 of CrPC -

Special powers of High Court or Court of Session regarding bail.

(1) A High Court or Court of Session may direct-

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub- section;

(b) that any condition imposed by a Magistrate when releasing an person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.

(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.


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