The Court observed that on a bare reading of the counter-affidavit, the claim of the police that the bail applicant had “criminal intent” appeared to be based on skewed information.
“No such officer is allowed to enjoy impunity on the pretext of discharging official functioning nor can be set free to form an audacious remark without any basis,” the Court added.
The Court added it was the prime duty of the government counsel, who drafts the counter affidavit, to acquire material that supports the statements being made in the counter affidavit.
Source: Barandbench
