‘Write Clearly or Type Orders’: Allahabad High Court Again Calls Out Illegible Trial Court Orders

The Allahabad High Court recently granted bail to a man accused in a 2018 case involving allegations of firing on a police party, while at the same time flagging non-compliance by a trial court with its directions on maintaining legible order sheets and ordering institutional corrective measures.

Before dealing with the merits of the bail plea, court examined a report submitted by the Additional District and Sessions Judge, Court No. 1, Baghpat, pursuant to its earlier order dated November 28, 2025. The report pertained to the maintenance of an illegible order sheet in the case, despite an earlier direction of a coordinate bench of the High Court in an application under Section 482 of the Code of Criminal Procedure, which required that order sheets be typed or written in clear, legible handwriting.

The trial judge admitted in her report that she was aware of the High Court’s earlier order and acknowledged that the order sheets prepared after she received the file in December 2022 were written in illegible handwriting.

The bench of Justice Arun Kumar Singh Deshwal observed that this amounted to a clear violation of court's directions and recorded that the non-compliance was admitted despite prior knowledge of the binding order.

While noting that the facts disclosed a case of disobedience of a High Court order, Justice Deshwal refrained from passing any strictures against the judicial officer. Court expressed an expectation that greater care would be taken in the future while maintaining order sheets.

To address the issue systemically, court directed the Registrar General of the High Court to circulate the earlier order to all district judges so that judicial officers across the state are sensitised to the requirement of maintaining legible or typed judicial records.

Turning to the bail plea, applicant Babbu alias Haider contended that the case arose from an alleged incident of firing on a police party in which no one was injured. It was argued that he was not arrested on the spot and that his name surfaced later based on the statement of a co-accused who had been apprehended at the scene. The defence pointed out that Haider had earlier been granted bail in 2018 and again in September 2021.

It was further submitted that after the case was committed to trial in January 2020, Haider’s absence led to his arrest, though he later appeared and was released on bail. According to Haider, he regularly appeared before the trial court between September and December 2021, but charges could not be framed as one of the co-accused was absconding. His subsequent absence was attributed to his mother’s illness, following which a non-bailable warrant was issued. Haider also disclosed that he had a criminal history of five cases and had been in jail since March 5, 2025.

Opposing the bail plea, the State argued that given Haider’s past conduct, there was a real apprehension that securing his presence during trial would be difficult if he were released on bail.

After considering the submissions, the High Court noted that Haider had been granted bail on earlier occasions and that the trial was unlikely to conclude in the near future since a co-accused remained absconding. On this assessment, the court held that Haider was entitled to be enlarged on bail.

Allowing the criminal misc. bail application, Justice Deshwal directed that Haider be released on bail in the 2018 case, registered under Sections 147, 148, 149 and 307 of the Indian Penal Code at Khekna police station in Baghpat district, subject to strict conditions to ensure his presence during trial.

 The trial court was directed to process the release through the Bail Order Management System to ensure early release, and Haider was permitted 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.

Order Date: December 11, 2025

Bench: Justice Arun Kumar Singh Deshwal