Take your freedom from the cage you are in; Till the trial is over, the State is reined in, a judge said in New Delhi on Saturday in his lyrical order, summarising in verses the reasons for granting bail to a man in a case related to communal violence in northeast Delhi in February.
Additional sessions judge Amitabh Rawat granted bail to Babu on furnishing a bail bond of Rs 10,000 with a surety of like amount in the case related to alleged gunshot injury received by one Rahul.
"The State proclaims; to have the cake and eat it too;
"The Court comes calling; before the cake is eaten, bake it too,” the judge said in the uniquely written order.
The court said the injured Rahul allegedly gave a fake address in his medico-legal record and was untraceable even before the police could record his statement.
“Babu has a sordid past; Proof is scant, which may not last.
"His omnipotence can't be assumed;
"Peril to vanished Rahul, is legally fumed,” the judge wrote, in his poetic style.
The court further noted that Babu, who had bad antecedents, was arrested on April 8, 2020, for the offence of February 25, on the basis of purported identification by constable Satish who, it was claimed, had been posted at Maujpur Red Light.
“As such, apart from the identification by constable Satish as the applicant (Babu) being involved in rioting at near Maujpur Red Light towards Jaffrabad on February 25, 2020, there is nothing much that has been brought on record,” it said.
Babu's counsel had also sought bail on the grounds of parity as co-accused Imran was already enlarged on bail in the case.
The judge said, “The present application has merits. Let me also put it in a different way,” and wrote the order in verse.
“Babu pleading for his bail;
"State opposing tooth and nail.
"Summers bygone, winters have arrived;
"But crime you did, and Rahul cried.
"I am not the one, I am not the one;
"Too grave the charge, don't pretend.
"Whom did I attack, where is he;
"Oh! That we know, in the trial we will see.
"You say I have said & I deny from the first blush;"
The judge continued: "Rahul may be gone yet Satish said.
"Didn't we say; don't rush;
"Let me go, let me go, even Imran is on bail.
"Even then, even then; it wouldn't be a smooth sail.
"Stop! Stop! Stop! Stop;
"I have heard, heard a lot.
"Mind is clear, with claims tall;
"It's my time to take a call.
"Babu has a sordid past;
"Proof is scant, which may not last.
"His omnipotence can't be assumed;
"Peril to vanished Rahul, is legally fumed.
"Take your freedom from the cage you are in," the judge wrote, adding "till the trial is over", the State is reined in.
"The State proclaims; to have the cake and eat it too;
“The Court comes calling; before the cake is eaten,
“Bake it too,” the judge wrote.
Communal violence had broken out in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
