The Allahabad High Court has held that an accused person’s liberty cannot be curtailed because of the negligence of police officials in furnishing necessary information to the court in bail matters, directing the Uttar Pradesh Director General of Police to deal strictly with such lapses.
The order came from Justice Arun Kumar Singh Deshwal while allowing the bail plea of Vinod Ram, booked in an abduction case. The court observed that the applicant remained in jail for more than a month solely because the police failed to provide the required information to the government advocate and the court in time.
The bench noted that on November 17, the court had been informed that despite a written communication, no response was received from the Superintendent of Police, Ballia, in relation to the bail plea. Taking serious note, the court termed the omission as “nothing but interference in the administration of justice”, and held the conduct “contemptuous”, directing the SP to appear personally.
Following the court’s direction, Ballia SP Omveer Singh filed a personal affidavit stating that a preliminary inquiry had been initiated and that the concerned Sub-Inspector had been suspended pending inquiry.
Justice Deshwal said the accused remained in custody “unnecessarily” due to this lapse, remarking that the liberty of a citizen cannot be sacrificed at the altar of administrative negligence.
The court directed the Uttar Pradesh DGP to issue a circular to all district police chiefs mandating that any negligence in providing information in bail matters, once sought, be dealt with strictly, noting that such lapses amount to curtailing an individual’s liberty.
Bail Granted
While granting bail, the court recorded that:
- the chargesheet had already been filed,
- the implication of the applicant was based only on the statement of a co-accused,
- no “last seen” evidence connected him with the abductee, and
- he had no criminal history.
Holding continued detention unwarranted under these circumstances, the court allowed bail to Vinod Ram.
