In a recent judgment the Supreme Court of India has underscored the necessity for a more stringent approach when granting bail to police officials accused in custodial death cases. The verdict, delivered by a bench comprising Justices Aniruddha Bose and PV Sanjay Kumar, emphasized the gravity of custodial deaths and the significant influence that police officers may wield in such cases.

The case in question involved nineteen police officials who were accused of involvement in the death of a man detained on suspicion of robbery in February 2021. Among the accused was a police constable who served as a substitute driver on the day of the incident.

Initially granted bail by the Allahabad High Court in 2023, the constable's release sparked controversy, prompting the deceased man's brother to challenge the decision before the Supreme Court. The Court, upon review, noted that custodial deaths are serious offenses warranting special consideration.

Highlighting the influence that police officers may have, the Supreme Court remarked, "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 rejected the notion that the constable's role was merely that of a temporary driver, noting that his involvement extended beyond driving duties. The decision to grant bail, it argued, did not adequately consider the severity of the alleged offense, which falls under Section 302 (murder) of the Indian Penal Code.

Senior Advocate Siddhartha Dave, representing the complainant, underscored the significance of the Court's ruling, while advocates for the Uttar Pradesh government and the Central Bureau of Investigation (CBI) supported the plea to cancel the constable's bail.

Following thorough deliberation, the Supreme Court ruled in favor of cancelling the constable's bail, directing him to surrender before the CBI within a month to be taken into judicial custody. The Court clarified that its decision did not express any opinion on the merits of the case.

This landmark judgment sets a precedent for future cases involving custodial deaths, emphasizing the need for a more cautious approach when considering bail for accused police officials. It underscores the Court's commitment to upholding justice and ensuring accountability, particularly in cases where those entrusted with maintaining law and order are implicated in serious offenses.

Case: Ajay Kumar Yadav vs. State of Uttar Pradesh and ors,

CRIMINAL APPEAL NO.   OF 2024 (Arising out of SLP(Crl.) No.9816/2023).

Click here to read/download order.