LI Network
Published on: February 17, 2024 at 10:22 IST
The Punjab & Haryana High Court has denied anticipatory bail to police officers accused of the custodial death of a detainee, emphasizing not only the method and manner of the alleged crime but also the “brazen attempts” made to conceal it.
Justice Manjari Nehru Kaul remarked that custodial deaths constitute an abuse of power, raising concerns about accountability, transparency, and the foundation of the rule of law.
The Court stressed the imperative prosecution of the accused officials to ensure justice for the victim and uphold the integrity of the law enforcement agency. It highlighted that any indication of police officials’ involvement in such a tragic death cannot be overlooked, representing a serious breach of duty and a violation of human rights.
The case involved an anticipatory bail plea by policemen facing charges under Section 120-B and Sections 304, 323, 341, 342 of the IPC for the alleged custodial death in 2020.
The counsel for the accused argued unjust implication, while the CBI, representing the gravity of the allegations, opposed the plea due to the status of the petitioners as law enforcement officials.
The Court acknowledged serious allegations, noting that the evidence collected by the CBI indicated attempts by the petitioners to manipulate the circumstances of the crime.
Refusing the plea, the court cited the compelling likelihood of the petitioners influencing witnesses and the ‘brazen attempts to conceal’ the crime as reasons for denying anticipatory bail.
As a result, the Court declined to grant pre-arrest bail relief.