Supreme Court Cancels Bail of Constable in Custodial Death Case

The Supreme Court has revoked the bail of a police constable involved in a custodial death case from 2021, emphasizing the significant influence wielded by members of the police force and the necessity for a stringent approach in such instances.

Justices Aniruddha Bose and PV Sanjay Kumar of the Bench recently emphasized that while under normal circumstances, the Court might not typically intervene using its authority under Article 136 of the Indian Constitution to nullify a bail order for an accused individual, different considerations applied in this particular case. They noted that the alleged offenses related to a custodial death, implicating police officials, were of a grave and serious nature.

Nineteen police officials were accused of involvement in the death of a man arrested under suspicion of robbery in February 2021. Among them was a police constable who served as a temporary substitute driver on the day of the suspect’s demise while in police custody.

Last year, the Allahabad High Court granted bail to the constable, citing his temporary role as a substitute driver during the incident.

The deceased’s brother, the complainant, appealed against the High Court’s decision to the Supreme Court.

The apex court was informed that the Central Bureau of Investigation (CBI) was investigating the matter and supported the appellant’s plea to revoke the constable’s bail.

The Bench concluded that based on the evidence available, the constable’s involvement extended beyond merely serving as a driver of a police vehicle. While these aspects would be subject to independent assessment during trial proceedings, the Court considered them pertinent in determining the bail issue.