Karkardooma Court, Delhi: Every now and then we see judges quote famous poets, but have you ever come across an order that itself is in the form of a poetry? In a Bail order in a case related to the North-East Delhi communal riots that took place in the month of February, 2020, the Additional Sessions Judge Amitabh Rawat, Shahdara, Karkardooma Court, Delhi penned a poem to put forth his observations.
In the case where one Rahul, who suffered a gunshot injury, did not record his statement with the police as he gave a fake address in his MLC and became untraceable, accused Babu was arrested, along with another accused Imran. Stating that Babu stands on even a better footing than Imran who is already enlarged on bail, the Additional Sessions Judge found merit in the bail application and wrote:
“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;
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;
Its 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;
Till the trial is over, the state is reigned in.
The State proclaims; to have the cake and eat it too;
The Court comes calling ; before the cake is eaten, bake it too.”
Hence, the accused Babu was granted bail on furnishing of personal bond in the sum of Rs. 10,000/with one local surety of the like amount and it was further directed:
a) The accused shall neither leave the jurisdiction of NCT of Delhi without prior permission of the court nor shall he indulge in any kind of criminal activity.
(b) He shall also not tamper with any evidence or contact any witness;
(c) He shall attend the court on every date of hearing or as directed by court.
[State Vs. Babu, Bail Application No. 16232020, order dated 07.11.2020]