Court says the accused failed to establish grounds for bail and default bail is “untenable” after timely filing of challan.
Eight J&K Police personnel, including a DySP, were arrested by the CBI for allegedly torturing a constable in custody in 2022.
Judge holds that issues like sanction will be examined later at the charge/discharge stage, not at this interim stage
Kupwara Court Rejects Bail for 8 Cops Accused of Custodial Torture
Sessions judge denies relief to DySP and seven policemen, ruling that default bail doesn’t apply as the CBI filed the chargesheet on time and no new circumstances justify reconsideration.
Summary
A sessions court in Kupwara district of Jammu and Kashmir on Monday rejected the bail applications of eight policemen including a deputy superintendent of police who were arrested on charges of torturing a cop in custody.
Principal District and Sessions Judge, Kupwara, Manjeet Singh Manhas, while disposing of the two bail applications moved by the accused cops, rejected the pleas saying the applicants have not been able to make out a case for the grant of bail.
Judge Manhas said, "This court is of the considered view that the applicants have not been able to make out any case for the grant of bail at this stage. The plea of default bail is untenable in law in view of the presentation of the challan within the statutory period, and no substantial change in circumstances has occurred subsequent to the rejection of their earlier bail applications." The court also ruled that the legal effect of the absence of sanction, if any, shall be examined at the appropriate stage of consideration of charge or discharge and not at this interim stage.
"Accordingly, the present bail applications, being devoid of merit, are dismissed," the court said.
Eight Jammu and Kashmir Police personnel including a deputy superintendent of police (DySP) were arrested by the CBI in August for inflicting "brutal and inhuman custodial torture" on a fellow police constable Khursheed Ahmad Chohan two years ago.
The cops who were arrested are Deputy Superintendent of Police Aijaz Ahmad Naiko, Sub-Inspector Riyaz Ahmad, Jahangir Ahmad, Mohammad Yunus, Shakir Ahmad, Tanveer Ahmad, Altaf Hussain and Shahnawaz.
While Naiko had moved an individual bail application, the remaining accused persons had moved a joint bail application.
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