Lucknow, Sep 16 The Allahabad High Court on Wednesday rejected the anticipatory bail pleas of two Railway Protection Force (RPF) personnel accused in the custodial death of a man in Gonda and said that although the COVID-19 pandemic had ended, "the plague of custodial deaths" did not appear to have abated.
Justice Manish Mathur of the Lucknow bench of the high court made the observation while dismissing separate criminal appeals filed by RPF sub-inspector Karan Singh Yadav and constable Amit Kumar Yadav.
The two had challenged the August 4 order of the Special Judge (SC/ST Act), Gonda, rejecting their anticipatory bail applications.
The case relates to the alleged custodial death of Sanjay Kumar Sonkar, a resident of Kinki village in Gonda.
The bench observed, "It appears that although COVID-19 pandemic had run its course but the plague of custodial death does not show any sign of abating. In cases of custodial death, the burden of proof can and should ordinarily be on the police personnel to rebut the allegations levelled against them...
"The said burden of proof therefore would be upon the appellants to explain, which does not appear at this stage to be made out," the judge said.
According to the prosecution, six tins of mustard oil were stolen from a goods train travelling from Gonda to Guwahati near Baruachak in the Motiganj railway station area on September 28, 2025. The RPF was investigating the theft when Sonkar's name surfaced.
The FIR alleges that on November 4, 2025, RPF personnel took Sonkar with them for questioning. At around 4.30 pm, he was brought to his village for further investigation and was subsequently taken away again.
The next morning, his brother was informed that Sonkar's body was at the mortuary. The prosecution alleged that Sonkar was assaulted while in custody, resulting in his death.
Filing appeals, the two accused denied the allegations and claimed they had been falsely implicated. Their counsel relied on the post-mortem report, which recorded bruises and abrasions on the upper thigh and abrasions on both knees, arguing that the injuries were not sufficient to cause death.
The state opposed the pleas, stressing the seriousness of the allegations and claiming that the accused were not cooperating with the investigation.
Dismissing the appeals, the high court bench said whether the post-mortem findings supported or contradicted the allegations would have to be determined on the basis of evidence.
