S.K. Agarwal, J. - (1.) Heard learned counsel for the appellant and learned A.G.A.
(2.) I must confess that I appreciate the candidness of the Counsel for the applicants. The courage with which he had made the submission not bearing in mind the outcome is admirable. The matter for consideration brought to my notice by learned Counsel for the applicants is based upon the inquest and the manner in registration and preparation of the General Diary. First Information Report and the statement of maker of the First Information Report and the S.H.O. with regard to the communication to proceed with the investigation. It is a broad day light incident inside the lock-up in the Court compound. The deceased and the accused both were inside the lock-up when a brawl between them occurred. It is a matter of great concern how the firearms entered into the lock-up and reached in the hands of two main accused in the incident. This is clearly evident from this kind of acts that the police personnel who were deputed in the lock-up duty were corrupt and reckless. Any article of food that is provided by the relatives of such culprits, who were brought to face the trial, it means was allowed to reach unchecked, food items are provided by their relatives regularly is common knowledge to criminals in the lower Court lock up under the very nose of theirs. These constables used to charge money from the father of the accused and their relatives to provide such help. In between the food materials and fruits weapon, may have been sent for being used upon the deceased by two persons. In such a situation grant of bail to any of the accused is clearly a deliberate turn around of the face. It amounts to permitting recurrence of such type of incidents in the Court compound putting into jeopardy the life of the litigants and the Advocate, the clerk of the Court etc. into serious trouble. Such incidents cannot be, therefore, allowed to go unpunished. The grant of bail would be bolstering them to cause fear in the mind of the witnesses. They may avoid to appear in Court. Criminals have disturbed the peace and the tranquillity of the State under the political back up. The police and criminal nexus and their political nexus in itself has posed a serious threat which cannot be allowed to go completely unattended. It is nowhere the duty of the Court alone to address to and suggest means to redress such a situation. The politicians, bureaucrats and highups in the Government owe major responsibility to curb such activities of the hardcore criminals or mafias. It is high time that such activities be handled with iron hands. The efforts in this direction totally lack presently. Incidence of kidnapping, murder and rape have a gained a big boost. The police appear to have compromised their dignity in some degree under political pressure, nepotism and due to rise in corruption in its own rank and file. This is the political scenario of the State in which innocent citizenry is living now a days. People fear in coming out of their houses on odd hours. Criminals have gained notorious ascendancy in politics. Allowing bail in cases like this is permitting a free hand to crime and its perpetrators. Crime rate is already on high. In such a situation I do not find any merit in the contentions raised by learned Counsel for the applicant including the contention that the applicants are in jail for over 16 months. It has no merit. Bail is accordingly rejected. Bail rejected.;