Lucknow: In an unprecedented development at the Allahabad High Court, Justice Pankaj Bhatia has requested the Chief Justice not to assign him the bail roster in the future, citing the “demoralising and chilling effect” of recent observations made by the Supreme Court. The Judge also recused himself from hearing a pending second bail application in light of these remarks.
The decision came while Justice Bhatia was hearing the second bail application of an accused, Rakesh Tiwari, in a case involving the Bharatiya Nyaya Sanhita and the Arms Act. During the proceedings, the Court’s attention was drawn to a judgment passed by the Supreme Court in the case of Chetram Verma vs. State of U.P., which involved an appeal against a bail order previously passed by Justice Bhatia.
The Supreme Court, in the referenced judgment, had made scathing observations regarding the High Court’s earlier order. The Apex Court remarked that the impugned order was “one of the most shocking and disappointing orders that we have come across over a period of time”. The Supreme Court further observed that it failed to understand what the High Court was trying to convey and questioned the discretion exercised to grant bail in a serious dowry death case. The Apex Court noted that the High Court had merely recorded the submissions of the defense counsel and the period of incarceration before granting bail without sufficient legal reasoning. Additionally, the Supreme Court directed that its order be placed before the Chief Justice of the Allahabad High Court.
In his order dated February 13, 2026, Justice Bhatia addressed these observations directly. He noted that while it is well known that judicial orders are subject to interference and setting aside, the specific nature of the Supreme Court’s comments had a profound impact on him.
Justice Bhatia observed: “The observations made in the judgment particularly in paras 4 and 29 have had a huge demoralising and chilling effect on me”.
Consequently, the Judge stated that he did not deem it appropriate to hear the present bail application. He released the matter and directed it to be placed before the Chief Justice for assignment to another bench. Going a step further, Justice Bhatia included a specific request to the Chief Justice “not to assign Bail Roster to me in future”.
Case Details:
Case Title: Rakesh Tiwari vs. State Of U.P. Thru. Secy. Deptt. Of Home Lko.
Case No.: Criminal Misc. Bail Application No. 1050 of 2026
Date of Order: February 13, 2026
Counsel for Applicant: Ravindra Shukla
Counsel for Opposite Party: G.A.
