1. Heard learned counsel for the applicant and learned A.G.A
2. It is contended by the learned counsel for the applicant that after the arrest of the applicant some cash was recovered from his possession which was not subjected to identification, as required by S. 9 of the Evidence Act.
3. The informant was summoned and he was made to say that these are those very notes, although none of them bear any specific mark of identification. No such mark is adverted to in the FIR on these notes. The applicant was also not subjected to any physical identification, as adverted to above about the property. The investigative process in the State appears to have gone completely away. No law is meant for the police to adhere to. It prefers more its flouting than adherence to and the senior police officials appear to have turned a blind eye to the situation. Apparently the junior police officials, from these situations and facts, appear to have been colluding with the criminals. No other proof is required to establish the nexus between them and the criminals. In the circumstances, this Court finds no alternative but to release this applicant on bail.
4. Let, therefore, the applicant involved in case Crime No. 62 of 2000 under Ss. 396, IPC, P.S Gurubuxganj, District Rae Bareli, be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Rae Bareli.
5. Let a copy of this order be sent to the Secretary (Home), Government of U.P, Lucknow. The Chief Minister of the State, and the Director General of Police of the State (U.P) to apprise them about the situation that is prevailing regarding investigation of the cases with a cherished hope that they will take corrective measures in this direction. It is futile to suggest taking of any action against these errant police officials. No harsher language than the above can be used. Repeatedly I have been writing in my orders about these latches inviting attentions of the superior police officials of the State to know the result of my orders from them. This is a state of anguish. It cannot better be expressed in a language than the one that has already been done. It appears that in the State the law and order situation is going from bad to wors (sic) not for nothing. The police officials have already a larger responsibility to owe for the situation. It is not that all the junior officials are at wrong. These senior officials are required to submit a report to this Court as to what action has been taken by them against the erring police officials and what are the directions that have been issued to the investigating officers of each district of the State in such matters.
6. Let a copy of this order be also supplied to the learned Government Advocate free of cost so that he may take necessary steps at his end to apprise the Government of these serious lapses.
7. Petition allowed.