Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court

The Supreme Court held that a stricter approach regarding bail will be adopted regarding cases of custodial torture where police officers are involved.

“It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India to invalidate an order granting bail to an accused. But this criteria, while dealing with the question of granting bail, would not apply in a case of custodial death, where police officials are arraigned as accused. Such alleged offences are of grave and serious nature.”, the Bench Comprising Justices Aniruddha Bose and Sanjay Kumar said while reversing the decision of the High Court granting bail to the accused-police official.

After perusing the charge sheet, the court found that the accused-police official role was not confined to just being a driver of a police vehicle so far as the commission of the alleged offences is concerned but there is a certain role attributed to the accused-police official in the commission of the alleged offences under Section 34 read with Sections 302, 330, 331, 218 and Section 120-B of the Indian Penal Code.

“We have been taken through the charge-sheet and we find that there is a certain role attributed to respondent No.3 therein in the commission of the alleged offences. As per the materials disclosed by the agency, his role was not confined to just being a driver of a police vehicle so far as the commission of the alleged offences is concerned. The status report filed before us by the CBI is on the same lines. Of course, these factors would have to be independently assessed at the stage of trial on leading of evidence but we are considering them only for the purpose of determining the question of bail of respondent No.3.”, the court said.

While referring to its Judgment of State of Jharkhand v Sandeep Kumar, the court made an exception from the general approach on the question of granting bail and adopted a stricter approach on the ground that the allegation of custodial death against the accused-police official is of grave nature which was not properly considered by the High Court while granting bail to the accused-police official.

“Having regard to the contents of the charge sheet, we do not think this was a fit case where he ought to have been enlarged on bail within one and a half years of his initial detention. We, accordingly, set aside the order impugned and direct respondent No.3 to surrender before the CBI Court within a period of four weeks and once respondent No.3 surrenders, he shall be taken into custody by the concerned Court.”, the court observed.

The appeal was allowed accordingly.

Case Title: AJAY KUMAR YADAV VERSUS THE STATE OF UTTAR PRADESH & ORS.

Citation : 2024 LiveLaw (SC) 266

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