Bombay HC grants interim bail to man allegedly assaulted by cops during ‘illegal’ arrest

The seat observed that the lack of CCTV camera successful the supra said ACP’s bureau (which is not regarded arsenic a constabulary station) wherever interrogation took place, prima facie showed a ‘serious breakdown of checks and balances for accountability of the police’.”

“Effectively, connected the premise of a chiseled space, without regarding it arsenic a constabulary station, it has go imaginable for constabulary officers to wholly enactment successful the shadows extracurricular the scope of CCTV cameras which are present a mandate of law,” the seat observed.

It directed the lawman commissioner of constabulary of MBVV constabulary to record an affidavit for lacuna of escaped availability of harmless abstraction to behaviour interrogations and the said reply beryllium personally vetted by the constabulary commissioner.

The tribunal besides directed the DCP to personally reappraisal the substance including organization processes presently successful unit nether his oversight and shall besides telephone for and sphere each footage from CCTV cameras disposable extracurricular ACP’s Chandan Park bureau successful Virar.

Based connected scrutiny of the footage, the DCP was further directed to ascertain and place whether the petitioner’s claims astir apprehension oregon police’s mentation of the aforesaid was close and to record a elaborate affidavit connected the findings wrong 4 weeks.

Advocate Nimay Dave for the petitioner argued that connected November 4, his client’s member was tortured, assaulted and beaten severely with sticks, a leather loop and carnal punches successful the makeshift ACP office. He added that portion Rathod was released and allowed to permission ACP’s bureau connected November 4 evening, however, successful the aboriginal hours of November 5, constabulary officials successful plain apparel picked him up erstwhile again.

The antheral was detained aft an FIR was lodged for alleged offences of cheating, transgression intimidation among others, however, the FIR did not sanction him astatine each and contained allegations astir his father. Dave alleged that Anil was forced to implicate his begetter by admitting a indebtedness of Rs3 crore to the complainant successful the case.

The constabulary said that the relation of detenu was precocious discovered from statements of witnesses, and that helium was served with owed announcement to look earlier ACP Desai, who was investigating the matter, which was contested by petitioner.

The authorities lawyer said the probe successful the FIR has been transferred from Pelhar to Nalasopara constabulary station, which is extracurricular ACP Desai’s jurisdiction.

Granting interim bail till further orders and posting further proceeding to December 10, the seat observed, “Taking into relationship the aesculapian grounds of injuries (based connected introspection by JJ Hospital doctors) that person been prima facie sustained recently, the attraction by the magistrate of the ailment of carnal torture, the inexplicable alteration of presumption connected the request for apprehension the detenu that excessively astatine 3 americium aft helium had been released the erstwhile evening, the intervening menace of ineligible enactment by lawyers of the detenu alleging carnal torture, and the notings successful the lawsuit diary astir apprehension of conspiracy to stall investigations connected the ground of the alleged torture, the apprehension of the detenu prima facie appears to beryllium illegal.”