The Supreme Court, noting the potential for greater influence wielded by a police officer compared to an ordinary individual, has overturned the bail granted to a police constable involved in a case of custodial death.
The Supreme Court of India has taken a firm stance on the question of bail for police officials accused in custodial death cases. The apex court, led by Justice Aniruddha Bose and Justice PV Sanjay Kumar, emphasized the need for a stricter approach in bail considerations, highlighting the potential influence police officials might exert over the proceedings.
“In cases of this nature, having regard to the overall influence a member of a police force may wield in connection with a case against them pertaining to custodial death, a stricter view is to be taken on the question of granting bail,”
the Court articulated. This observation came during the hearing of a case [Ajay Kumar Yadav vs State of Uttar Pradesh and ors] involving the bail of a police constable accused of being complicit in a custodial death that occurred in 2021.
The Supreme Court’s decision to cancel the bail previously granted to the constable by the Allahabad High Court in 2023 marks a significant moment in the legal discourse surrounding custodial deaths in India. The case in question revolved around the death of a man arrested under suspicion of robbery in February 2021, with nineteen police officials, including the constable in question, being implicated.
The constable, who served as a substitute driver on the day of the incident, was released on bail by the High Court after the chargesheet was filed. However, the Supreme Court, upon reviewing the material on record, noted that the constable’s involvement extended beyond his duties as a driver, prompting a reevaluation of his bail status.
The apex court’s ruling was influenced by the serious nature of the allegations, specifically the charge under Section 302 (murder) of the Indian Penal Code.
“The alleged offence is of grave and serious nature and that factor has not been properly considered by the High Court,”
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the Court observed, leading to the quashing of the bail granted to the constable.
This judgment not only highlights the Supreme Court’s commitment to ensuring justice in cases of custodial deaths but also sets a precedent for how bail applications by police officials in similar circumstances should be treated. By advocating for a stricter bail criterion, the Court aims to mitigate the risk of undue influence and ensure that the proceedings are conducted fairly and without prejudice.
The constable has been directed to surrender before the Central Bureau of Investigation (CBI) within a month, after which he will be taken into judicial custody. The Supreme Court made it clear that its observations were limited to the question of bail and did not comment on the merits of the case itself.
Representing the various parties were Senior Advocate Siddhartha Dave and his team for the complainant, advocates for the Uttar Pradesh government, Additional Solicitor General Aishwarya Bhati and her team for the CBI, and Senior Advocate Colonel R Balasubramanian for the accused.
This landmark decision by the Supreme Court serves as a critical reminder of the judiciary’s role in safeguarding the rights of individuals and ensuring that those in positions of power are held accountable for their actions, especially in cases as grave as custodial deaths.
