The Jharkhand High Court on Friday asked the CBI to file a counter-affidavit while hearing a petition challenging cancellation of bail granted to RK Agrawal by the CBI court. Agrawal is also an accused in the case of horse-trading during Rajya Sabha elections of 2012.
Meanwhile, CBI submitted day-to-day proceedings of investigations before the court from the day of filing of the FIR against Agrawal till the cancellation of his bail.
The CBI counsel argued that Agrawal was granted bail by the lower court despite the fact that statements recorded under Section 164 and other facts regarding the case were available with the court.
“It was the court’s duty to crosscheck all evidence and what more sections could be added in the case, as investigations are still on and chargesheet has not been filed,” said petitioner’s advocate Rajeev Kumar.
According to Kumar, the court observed that due process of looking into the stage of investigation on records was not followed in the case. The court has to see whether some more facts are to come or not.
The court also observed that under Section 157 of CrPC Act, either a case is made out or no case is made out by the police. Different evidence may be found during investigation but the ultimate result is in the chargesheet.
In such type of cases, a case diary is called for usually, not relying on the FIR. The court granted bail despite the fact that Sections 7, 8 and 12 of PC Act were lodged in the case diary, CBI counsel pointed out. “The counsel also stated in the court that the facts presented by CBI were not appreciated by the lower court,” Kumar said.
The case is to be heard again on June 11.