'Crimes By Police Undermine Integrity Of Entire Justice System': Bombay High Court Denies Bail To 5 Cops From Daman
Observing that crimes by law enforcers undermine the integrity of the entire justice system, the Bombay High Court on Tuesday denied bail to five policemen from Daman and Diu Union Territory, who were booked for illegally detaining young boys from Surat, physically abusing them and demanding Rs 25 lakhs as 'ransom' to release them and releasing them subsequently after receiving Rs 5 lakhs money from the family of the victims.
Single-judge Justice Dr Neela Gokhale noted that the accused in the instant case were police officials working in the Crime Branch of Daman, an elite branch of the police machinery.
By abusing their position as police officials, they coerced the Complainant and his friends, intimidated them in accompanying the police to the Headquarters; detained them; physically abused them; took away their mobile phones; monitored the location of the Complainant's friends who were called to come with the ransom money and released them only when the ransom money was paid, the judge noted in the order.
"The police force's primary role is to maintain law and order and protect citizens. Crimes by police officials themselves, therefore, undermine the integrity of the entire justice system, erodes public confidence and compromises the fairness of legal proceedings. Law enforcement personnel are held to higher ethical and legal standard than ordinary citizens because their job requires public accountability and adherence to the law that they enforce," Justice Gokhale observed.
The accused police officials, Justice Gokhale opined, must be put to a higher degree of accountability for the commission of the offences as alleged.
Commenting on the lapses on part of the investigating officers of the instant case, the judge said, "On the contrary, the Respondents (police officials) attempt to dilute the criminal acts of their colleagues is a definitive method to erode public trust. This conduct undermines the very object of the criminal justice system, which they are duty bound to enforce."
The judge, thus held that the offences committed by the accused cops are grave and serious.
As per the prosecution case, on August 25, this year, the complainant and his friends, all residents of Surat had travelled to Daman and while on their way, they purchased liquor as they planned to consume the same in their proposed party at the farm house. However. around five persons, (applicants) intercepted them and took them to Police Headquarters. There, the cops made the complainant and his friends sit on the floor, even physically assaulted them and subsequently demanded Rs 25 lakhs for their release.
The boys called their families and they arranged Rs 5 lakhs and promised the cops to pay Rs 2 lakhs more by the next day. The prosecution story detailed how in a planned manner, the accused cops took the victims in two different vehicles to a pre-decided location to collect the Rs 5 lakhs. However, after they took away the amount, one of the friends of the victims, lodged a complaint with the local police and thus, the errant cops were subsequently arrested.
Justice Gokhale noted that the accused purposely tried to delay the investigation by feigning ill heatlh.
"The remand report has also demonstrated an apprehension that being Police officers, they are aware of methods of police functioning and working and have conspired to obliterate investigation. Furthermore, they have successfully destroyed the electronic evidence by way of deleting mobile phone data. The original offence itself included intimidation of the Complainant and his friends. Thus, the conduct of the Applicants and the Co-accused does not inspire confidence in this Court that they are not likely to tamper with evidence, and intimidate witnesses if enlarged on bail," the judge said.
With these observations, the judge dismissed the bail applications.
Appearance:
Senior Advocate Manoj Mohite along with Advocates Bhavesh and Vivek Pandey appeared for the Accused.
Advocates Ashwin Thool ,Ayush Singh and Archishmati Chandramore represented the Union Territory.
Advocates Shreyas Uday Lalit, Varun Thokal, Aditya Singh and Varun Thokal represented the Complainant.
Case Title: Ramdev Singh Jadeja vs Union Territory of Daman and Diu (Bail Applications 4519 of 2025)