ORDER C.P. Sen, J. Sarva Shri Rajendra Singh, S.C. Dutt & Surendra Singh for the applicants, Shri S.K. Dixit, Dy. Govt. Advocate for the State present and heard, Case diary perused. 2. This is an application for anticipatory bail by the applicants. 3. One suspect Bagad alias Shiv Singh died in the police lock-up in the Omti Police Station, Jabalpur, in the night intervening 31st May and 1st June 1976. The post-mortem examination revealed that the suspect died out of shock due to multiple anti-mortem injuries including two fractures. At the relevant time, the applicant No. 1 was the Officer-in-charge and the other two applicants were Sub-Inspectors attached to the said Police Station. Immediately after the death of the suspect in the lock-up, the applicants were shifted and attached to Police Lines. The applicants apprehended that they may be arrested at any time by the C.I.D. who are investigating the offence. According to the applicants, most of the twenty injuries found on the body of deceased were simple injuries on non-vital parts and the two fractures were caused due to fall when the deceased was trying to run away while he was being apprehended and at the most it is a case under section 330 I.P.C., which is bail-able. As the applicants are police officers attached to the Police Lines, there is no likelihood of their absconding or interfering with the investigation. 4. The application is vehemently opposed by the State. The C.I.D. Inspector who is investigating the case in his affidavit has mentioned that from the investigation carried out so far, a Prima facie case under section 302 Indian Penal Code has been made out against the applicants and an offence of murder has been registered. According to him, most prominent part in beating the suspect in the police lock-up was by the applicant No. 3 and the other two applicants actively assisted in beating. He has also mentioned that the crime in connection with which the suspect was interrogated pertained to another police station and the applicants had no jurisdiction to investigate in the said offence. The applicant No. 3 had previous enmity with the suspect The Rojnamcha Sanha 31-5-1976 showing arrest of the suspect in the afternoon, does not mention about any injuries on the suspect when he was arrested.
The applicant No. 3 had previous enmity with the suspect The Rojnamcha Sanha 31-5-1976 showing arrest of the suspect in the afternoon, does not mention about any injuries on the suspect when he was arrested. He further stated that five of the eye witnesses have specifically mentioned in their case diary statements that the applicants tried to temper with the evidence. He has also complained that bail application on behalf of one Nathuram Arya, a probationary Sub-Inspector and an eye-witness to the crime, was moved by the applicants with oblique motives, without the consent and knowledge of Arya and action be taken against them The learned Dy. Government Advocate mentioned from the case diary that statements of as many as 11 eye witnesses have been recorded so far, who have all named the applicants as the culprits of the offence. The witnesses stated that the suspect was tortured for about 2 hours in which two sticks got broken and a third heavier stick which got the notoriety as 'Jai Bhawani' was ultimately used to break the suspect. He informed that investigation is still in progress and the C.I.D. requires the applicants in connection with further investigation and for recovery of incriminating articles. 5. It is not for this Court to opine at this stage, when the investigation is still incomplete, as to whether an offence under section 302 I.P.C. has been made out against the applicants or not. Even assuming for a moment that it is not an offence under section 302 IPC, still the materials so far collected prima-facie reveal that the suspect died due to beating and tortures in the police lock up and there were twenty injuries including two fractures. The causing of hurt by responsible police officer engaged in the investigation of a crime is one of the most serious offences known to law and every effort must be mace to bring the culprits to book. It is rather unfortunate that archaic and barbaric methods are still being employed by the police in investigating crimes in our country. The provision of anticipatory bail has been incorporated mainly in order to relieve a person from being disgraced by trumped up charges. This apart anticipatory bail can be granted in cases where a person accused is not likely to abscond or misuse his liberty.
The provision of anticipatory bail has been incorporated mainly in order to relieve a person from being disgraced by trumped up charges. This apart anticipatory bail can be granted in cases where a person accused is not likely to abscond or misuse his liberty. It will be highly hazardous in cases like this where a prima facie case of murder is alleged to have been made out against the applicants, to release them on anticipatory bail pending investigation. Therefore, the application for anticipatory bail has rightly been rejected by the learned Addl. Sessions Judge. The applicants had also withdrawn their previous application for anticipatory bail in this Court on 4-6-1976 (Misc. Criminal Case No. 556/ 1976). No Case has been made out for granting anticipatory bail in this case. 6. Accordingly, the application is rejected. 7. A certified copy may be given to both the parties on payment of charges.