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Custodial Violence A Concern For Civilized Society: Allahabad High Court Denies Bail To Cop Accused Of Killing 24 Yr Old Man

Sparsh Upadhyay
25 Aug 2022 2:44 PM GMT
Custodial Violence A Concern For Civilized Society: Allahabad High Court Denies Bail To Cop Accused Of Killing 24 Yr Old Man
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"Custodial violence, custodial torture and custodial deaths have always been a concern for civilized society. Times and again the judicial verdicts of the Apex Court and other Courts have shown their concern and anguish in such matters," observed Allahabad High Court as it denied bail to a cop in connection with the custodial death of a 24-year-old man.The bench of Justice Samit...

"Custodial violence, custodial torture and custodial deaths have always been a concern for civilized society. Times and again the judicial verdicts of the Apex Court and other Courts have shown their concern and anguish in such matters," observed Allahabad High Court as it denied bail to a cop in connection with the custodial death of a 24-year-old man.

The bench of Justice Samit Gopal categorically observed that it was not only a case of police excess but a clear-cut case of abuse of police powers and police high-handedness. 

The Court was essentially dealing with the bail application of a UP police official who is accused of taking away the deceased from his house to the Police Station and therefater killing him in connivance with other police officials.

The allegations against the police officials are also that they forcibly entered his house and after breaking the lock of the box took away Rs.60,000/- and other articles and used filthy language against the family members of the deceased.

When the informant (brother of the deceased) went to the police station, he was not allowed to meet with his brother (deceased), and in the morning, the information was received that his brother died in police custody as he was murdered by the policemen.

Thereafter, a case was registered against the accused police officers under Sections 302, 394, 452 & 504 I.P.C. Initially, the case was being probed by the local police, thereafter, the matter was transferred to the CBI, as per the High Court's order.

Read more about the case here: Custodial Death Of 24-Yr-Old Man- "Prima Facie IPS Rank Officials Involved In Murder/Death": Allahabad High Court Transfers Probe To CBI

The High Court noted that an arrest memo was prepared regarding the arrest of the deceased by the officials of the police and in the arrest memo, the applicant was one of the persons arresting him and was also a signatory to it.

The Court further took into account the fact that the injuries as received by the deceased covered basically the entire back side of his body and the opinion of the Board of AIIMS, New Delhi was specific to the fact that he died due to the collective effect of the injuries received by him.

"The same would go to show that the death was not natural. The present case is a case of custodial torture and death with robbery in a well planned conspiracy. The applicant is in the police force which is considered to be disciplined force and enshrined with the pious duty of maintaining law and order and protecting the citizens. The present case is not a case of police excess but a clear cut case of abuse of police powers and police high-handedness," the Court further noted as it did not find it a fit case for bail.

Case title - Ramkrit Yadav v. State Of U.P. And Another [CRIMINAL MISC. BAIL APPLICATION No. - 10162 of 2022]

Case citation: 2022 LiveLaw (AB) 394

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