Justice Arun Kumar Singh Deshwal noted that when Additional Sessions Judge Satish Chandra Dwivedi was asked to explain how he had granted bail to the victim’s husband, even he could not justify his decision.
Thus, the Court said there was “suspicion” in the exercise of the trial judge’s discretion as the bail order was passed without any reason. However, it declined to express any view on the integrity of the trial judge and referred the matter to its administrative side.
“Therefore, matter be placed before the Administrative Committee to consider whether any enquiry is required to be conducted against Sri Satish Chandra Dwivedi, learned Additional Sessions Judge, Court, No.1, Jalaun at Orai, regarding such erroneous and arbitrary exercise of power while releasing the opposite party no.2 (husband of the deceased) on bail despite sufficient material against him which attracts the presumption u/s 118 of BSA,” Justice Deshwal said.