In a recent legal development, the Supreme Court of India has declined to grant anticipatory bail to Aditya Kumar, an officer of the Indian Police Service. The decision stems from a case originating in the Patna High Court, involving serious allegations of a conspiracy to obtain undue benefits through illicit means, including the creation of a false WhatsApp account.
Aditya Kumar, the petitioner, filed a Special Leave Petition challenging the Patna High Court's decision issued on March 21, 2023. A panel consisting of Justice Aniruddha Bose, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih heard arguments from both parties.
The accusations against Aditya Kumar revolve around the violation of multiple sections of the Indian Penal Code (IPC) and the Information Technology Act (I.T. Act). The core of the case alleges that Kumar, in collaboration with others, conspired to secure favorable job postings or hinder disciplinary actions against him.
According to the prosecution, Aditya Kumar, as an IPS officer, allegedly collaborated with co-accused individuals to create a deceptive WhatsApp account, using an image of the then Chief Justice of the Patna High Court. The false account purportedly directed calls and messages to the Director General of Police in Bihar, with the intention of influencing decisions in favor of Aditya Kumar.
During the legal proceedings, Aditya Kumar's senior counsel, Mr. Siddhartha Dave, argued against custodial interrogation, highlighting the lack of direct evidence and basing the allegations primarily on statements from co-accused individuals. In contrast, Mr. Saket Singh, representing the State of Bihar, asserted that Aditya Kumar was the principal beneficiary and mastermind behind the alleged criminal activities, emphasizing the need for custodial interrogation.
After careful deliberation, the court referred to established principles in prior judgments, stating, "Custodial interrogation can be one of the grounds to decline anticipatory bail. However, even if custodial interrogation is not required, it, by itself, cannot be a ground to grant anticipatory bail." This reflects the court's consideration of custodial interrogation in deciding on anticipatory bail applications.
The court upheld the denial of anticipatory bail for Aditya Kumar, citing the seriousness of the alleged offenses and perceived non-cooperation on his part. Kumar has been instructed to surrender before the relevant court within two weeks. Additionally, the court directed the Registrar General of the Patna High Court to provide comprehensive details on actions taken in response to the judgment's reference. The case is scheduled for further hearing on December 12, 2023.
Case: Aditya Kumar Vs. The State of Bihar and Anr,
Petition(s) for Special Leave to Appeal (Crl.) No.4496/2023.
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