By way of background, nineteen police officials were accused of being involved in causing the death of a man arrested on suspicions that he committed robbery in February 2021.
Among those accused was a police constable who was working as a substitute driver on the day when the deceased man died in police custody.
The Allahabad High Court allowed the release of this police constable on bail in 2023, after the chargesheet in the criminal case was filed.
This decision was challenged by the deceased man’s brother (complainant/ appellant) before the Supreme Court.
The Court was informed that the matter was being probed by the Central Bureau of Investigation (CBI), which supported the appellant’s plea to cancel the bail granted to the constable.
The High Court had granted bail to the constable on the ground that he was only working as a temporary substitute driver at the time. However, the Supreme Court noted that, as per the material on record, his role was not confined to just being a driver of a police vehicle.
“Of course, these factors would have to be independently assessed at the stage of trial on leading of evidence but we are considering them only for the purpose of determining the question of bail,” the Court added.
Source: Barandbench
