Court Rejects Bail Pleas Of 8 Cops Accused Of Custodial Torture

Srinagar- A court in Kupwara, has dismissed the bail applications filed by eight police officials, including a Deputy Superintendent of Police, who were arrested by the Central Bureau of Investigation (CBI) for allegedly torturing a policeman in custody in 2023.

In its order, the Court of Principal District and Sessions Judge Kupwara observed that no substantial change in circumstances has occurred in the case since the earlier rejection of bail, reported news agency KNO.

“The expression 'change in circumstances' postulates whether any further progress has occurred in the investigation, inquiry, or trial subsequent to the rejection of the earlier bail application. In the present case, the matter has only recently been committed to this Court, and this Court has yet to afford both sides the opportunity to advance arguments on the legal impact, if any, of the absence of sanction at this stage. This crucial issue shall be taken up for consideration at the stage of framing of charge/discharge, and its legal implications shall be decided thereafter. Meaning thereby that the applicants, both at the time of rejection of their earlier bail application and today, stand on the same pedestal, and therefore no substantial change in circumstances can be said to have occurred,”

The accused had argued that the dropping of serious charges such as attempt to murder constituted a material change in circumstances warranting bail.

In his order, Judge Manjeet Singh Manhas observed that once the chargesheet (challan) has been presented before the competent court within the statutory period, the question of default bail does not arise.“From a bare perusal of the record, it is revealed that the first point of contention, that the accused are entitled to default bail, does not squarely apply to the facts and circumstances of the present case. Once the challan is presented before the competent court within the statutory period, the question of default bail does not arise at all,” the judge observed.

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