HC asks UP police to deal strictly with officers who delay furnishing information to court in bail cases

Prayagraj, Dec 3 (PTI) The liberty of an accused cannot be allowed to be curtailed merely because of negligence of police officials in furnishing necessary information to the court in matters of bail, the Allahabad High Court has said and directed the Uttar Pradesh police chief to deal strictly with such instances.

The HC was hearing a bail application filed by Vinod Ram, who was booked in an abduction case. Allowing his bail plea, Justice Arun Kumar Singh Deshwal observed that because of the delay on the part of the police officer concerned, the bail could not be granted earlier.

The HC directed the state director general of police to issue a circular to all district police chiefs that in case any negligence is found on the part of any police officer in providing information in bail pleas to the government advocate, it shall be dealt with strictly as it amounts to curtailing the liberty of a bail applicant.

The high court observed that the liberty of an accused cannot be allowed to be curtailed merely because of the negligence on the part of police officials in furnishing necessary information to the court.

Earlier, on November 17, the court was informed that despite a letter sent to the Superintendent of Police (SP) of Ballia, no information had been provided.

Taking a serious view of the delay, the High Court had termed the omission as "nothing but interference in the administration of justice" and noted that such an act is "contemptuous". Consequently, the court had directed the SP to appear personally.

In compliance with the court's order, Omveer Singh, Superintendent of Police of Ballia, filed a personal affidavit and informed the court that a preliminary inquiry had been initiated against the SI concerned and he had been suspended pending the conclusion of the inquiry.

Justice Deshwal said on Wednesday, "Liberty of the applicant has been curtailed because of this reason and he remained in jail for more than one month unnecessarily despite having a case of bail." The court said that there was no last seen evidence linking the applicant to the abductee and that the implication was based on the statement of a co-accused.

Also, considering that the chargesheet has been filed and the applicant has no criminal history, the court granted bail to the applicant. PTI CORR RAJ RT