Justice Pankaj Bhatia requests reassignment of bail cases following demoralizing Supreme Court remarks on prior judgment.
In a notable development at the Allahabad High Court, Justice Pankaj Bhatia has recused himself from hearing a second bail application in a case under the Bharatiya Nyaya Sanhita (BNS) and the Arms Act. The decision comes in the wake of severe criticism from the Supreme Court regarding a previous bail order passed by Justice Bhatia.
The case in question, Criminal Misc. Bail Application No. 1050 of 2026, involves the accused, Rakesh Tiwari, who is charged under Section 103(1) of the Bharatiya Nyaya Sanhita and Section 4/25 of the Arms Act. The initial bail application was rejected on November 3, 2025. However, as per judicial protocols, the second bail application was placed before Justice Bhatia.
Justice Bhatia cited a critical judgment from the Supreme Court in the matter of Chetram Verma v. State of U.P., where the apex court described his earlier bail order as "one of the most shocking and disappointing orders." The Supreme Court's remarks highlighted a perceived lack of adequate reasoning in granting bail in a serious case, pointing out that the order merely recorded the defense's submissions and noted the accused's incarceration since July 2025 without prior criminal history.
The Supreme Court's directive to forward a copy of its order to the Registrar General of the Allahabad High Court, emphasizing the need for the High Court to take cognizance of its concerns, added to the gravity of the situation.
In light of these observations, Justice Bhatia expressed feeling "demoralized and deeply affected," leading him to request the Chief Justice to reassign the current bail application to another bench. He further requested not to be assigned any bail cases in the future, indicating the significant impact of the Supreme Court's critique on his judicial duties.
This incident underscores the intricate dynamics between higher and subordinate judiciary levels and the profound effect of appellate reviews on judges' morale. The legal fraternity is keenly observing the outcome of Justice Bhatia's request and the reassignment of bail matters within the Allahabad High Court.
Bottom Line:
Second bail application - Judge recusing himself from hearing the bail application due to the demoralising effect of Supreme Court's critical observations on an earlier bail order passed by him.
Statutory provision(s): - Section 103(1) Bharatiya Nyaya Sanhita, 2023
- Section 4/25 Arms Act
Rakesh Tiwari v. State Of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2853524
