Supreme Court Slams UP Police, Magistrate Over Arrest & Remand Of Accused Ignoring SC's Bail Order

While considering an application filed by Vijay Kumar Sharma, accused in Bike Bot Scam, the Supreme Court today deprecated the conduct of Investigating Officer of the Uttar Pradesh Police and expressed serious reservation in the manner in which the Magistrate proceeded to direct remand despite Top Court's order of directing Sharma's release.

"We deprecate the conduct of the Investigating Officer and also express our serious reservation about the manner in which the Magistrate mechanically proceeded to direct remand of the applicant/petitioner disregarding the order passed by this Court on 13.12.2021," bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar in their order said.

Vijay Kumar Sharma against whom multiple FIR's were registered for the same allegations in his application had stated that despite Top Court's order dated December 13, 2021, the Investigating Officer had produced Sharma before the Magistrate and had obtained remand till December 24, 2021.

On December 13, 2021, the bench had said, "In the interest of justice and in exercise of power under Article 142 of the Constitution of India, we direct release of the petitioner on bail to the satisfaction of the concerned Trial Court on the same terms and conditions as specified by the High Court of Judicature at Allahabad dated 20.09.2021 (Annexure P-3) in respect of all the FIRs registered against the petitioner in the State of Uttar Pradesh."

The Top Court also directed the Investigating Officer to forthwith take steps for releasing Sharma on bail and comply with the order dated December 13, 2021, in connection with the offences (all the FIRs in the State of Uttar Pradesh) concerning Bike Bot project.

Directions were also issued to the concerned Officials of the State of Uttar Pradesh to eschew from repeating such misadventure in future, disregarding the unambiguous order passed by the Court on 13.12.2021.

 The Court also directed the forwarding of the copy of the order to the Secretary, Home Department of the State Government for information and necessary action.

Case Title: Satinder Singh Bhasin v. State of UP & Anr| Writ Petition(s)(Criminal) No(s). 197/2021

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