A bench of Justices Vikram Nath and Sanjay Kumar cancelled the anticipatory bail granted by the Jharkhand High Court to a police officer accused of changing the name of the accused in a complaint.
“In the light of these serious allegations made against no less than a senior police officer, an essential cog in the machinery of law enforcement, the High Court ought not to have taken a liberal view in the matter for the mere asking…grant of such relief to a police officer facing allegations of manipulating the investigation so as to favour an accused would send out a wrong signal in society. It would be against public interest,” the bench explained.
Ordinarily, an accused in such offences is entitled to the relief of pre-arrest bail, but the same would not apply here, the Bench made it clear.
“The same standard would not be applicable when the accused is the Investigating Officer, a police officer charged with the fiduciary duty of carrying forward the investigation to its rightful conclusion so as to punish the guilty. The respondent is alleged to have failed in this fundamental duty as a police officer…Presumptions and other considerations applicable to a layperson facing criminal charges may not carry the same weight while dealing with a police officer who is alleged to have abused his office.”
Source: Barandbench
