Magistrate's decision upheld due to severity of charges, abuse of power, and risk to witnesses
In a significant ruling, the Bombay High Court has denied bail to three police constables accused of abduction and extortion, underscoring the gravity of the alleged crimes and the potential threat posed to witnesses. The case involves police personnel from the Crime Branch of the Union Territory of Dadra & Nagar Haveli and Daman and Diu, who were accused of coercively detaining civilians and demanding ransom under the guise of legal authority.
The bail application came before Dr. Neela Gokhale, J., who heard submissions from both the prosecution and defense. The defense argued that since the charges were bailable, the accused were entitled to bail as a matter of right. However, the prosecution highlighted the severity of the offenses and pointed to the likelihood of the accused using their positions to intimidate witnesses and tamper with evidence.
The court noted that the Magistrate had rightly taken cognizance of non-bailable offenses under the Bharatiya Nyaya Sanhita, 2023, including Sections 140(2) and 308(2), despite the investigating officer's decision to exclude them from the charge sheet. The Magistrate's decision was supported by evidence of abduction and extortion, as well as statements from witnesses that corroborated the complainant's allegations.
Dr. Gokhale emphasized the accountability of law enforcement personnel, noting that crimes committed by police officials undermine the integrity of the justice system and erode public trust. The court observed that the accused had attempted to derail the investigation by feigning illness and destroying electronic evidence, further justifying the denial of bail.
The judgment serves as a stern reminder of the higher ethical standards expected of law enforcement officials and the severe consequences of abusing official positions. The case remains pending, with a protest petition and a writ petition seeking further investigation by the CBI still under consideration.
Bottom Line:
Bail application of police personnel accused of abduction and extortion rejected on grounds of abuse of official position, tampering of evidence, and potential threat to witnesses.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 140(2), 308(7), 3(5), 258, 238, 241, 115(2)
Ramdev Singh Jadeja v. Union Territory of Daman & Diu, (Bombay) : Law Finder Doc Id # 2822497
