A Stricter Approach is required to be taken in granting Bail to Police in Custodial Death Cases: Supreme Court
Case title: Ajay Kumar Yadav Vs The State of Uttar Pradesh & Ors
Case no.: SLP (Crl.) No.9816/2023
Decision on: March 12th, 2024
Quoram: Justice Aniruddha Bose and Justice Sanjay Kumar
Facts of the case
The appellant before this Court is the complainant, who reported the death of his brother in police custody on 12th February, 2021. The deceased was arrested in connection with a robbery case and was taken into the police custody. The appellant accused the police officials for his brother’s death. A charge-sheet was submitted against 19 police officials, which included the allegations of commission of offences under Section 34 read with Sections 302, 330, 331, 218 and Section 120-B of the Indian Penal Code.
The Allahabad High Court, however, granted bail to one of the police constables accused of commission of the said offence. The Appellant assailed this decision of the Court before the Apex Court.
Contentions of the Appellant
The Counsel questioned the legality of the order passed by the High Court. He vehemently submitted that the investigation was handed over to the Central Bureau of Investigation (CBI), and Mrs. Bhati, learned Additional Solicitor General, representing the said agency, also supported the appellant’s case.
Contentions of the Respondent
The Counsel submitted that his client, being a police constable, was working as a substitute driver, only as a stopgap arrangement, and had no role to play in the alleged commission of the offence on that date. He contended that the High Court granting him a bail primarily on this ground was valid.
Court’s Analysis and Judgement
The Bench on perusal of the charge-sheet observed a certain role attributed to the respondent in the commission of the alleged offences. It rejected the argument of the respondent and noted that his role was not confined to just being a driver of a police vehicle so far as commission of the alleged offences is concerned.
The Court highlighted a peculiar circumstance of custodial death to invoke its jurisdiction under Article 136 of the Constitution in order to invalidate a bail order. It observed that such offences being grave and serious in nature ought to be dealt cautiously. The Court mainly relied on the precedence in State of Jharkhand vs Sandeep Kumar to decide the case. This case dealt with an anticipatory bail granted to an accused police official. It pointed out that the offence in that case was much more serious in nature and decided to apply the same principle.
The Bench made an exception from the general rule of granting bail and adopted a stricter approach. This was primarily on two grounds which were in consonance with the principles applied in the Sandeep Kumar case. They are:
- The first one is that respondent No.3 is part of the police force and the allegation is that of custodial death, in which he has been implicated. 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.
- Secondly, the charge is under Section 302 of the Indian Penal Code and the appellant has been enlarged on bail within 1 and ½ years of his detention. The alleged offence is of grave and serious nature and that factor has not been properly considered by the High Court.
The Supreme Court, in light of the above observations held that such a stricter view is required partly because a police officer may wield more influence than an ordinary person and thereby set aside the impugned order of the High Court. It directed the respondent to surrender before the CBI Court within a period of four weeks. Therefore, it clarified that these observations were purely relate to the question of grant of bail and stated that the same shall not in any way influence the trial.
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Judgement Reviewed by – Keerthi K