ANKUSH SINGH AND ANR. v. ADMINISTRATION OF UNION TERRITORY OF DADRA AND NAGAR HAVELLI
Bail Rejection: Police Officers Accused of Abduction and Extortion; Magistrate's Power to Differ from Investigating Officer's Charge Sheet.
Court: Bombay High Court
Citation: 2025:BHC-AS:55439
Decision Date: 16-12-2025
List of Laws
Bharatiya Nyaya Sanhita, 2023; Criminal Procedure Code; Prevention of Corruption Act, 1988
- Facts: Ankush Singh and Jatin Patel, police constables, sought bail in connection with FIR No. 0039/2025, registered for offences under Sections 140(2), 308(7), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. The complainant, Aajessh Patel, and his friends were intercepted by the applicants and other police personnel, who falsely accused them of possessing illegal liquor. They were taken to the police headquarters, where they were intimidated and coerced into paying a ransom of Rs. 7,00,000/- with a demand for an additional Rs. 3,00,000/-. The police personnel dropped non-bailable offences in the charge sheet, retaining only bailable offences.
- Procedural Posture: The applicants filed a bail application before the JMFC, Daman, which was rejected. They then approached the High Court of Bombay seeking bail. The complainant also filed a writ petition seeking transfer of the investigation to the CBI, which is pending.
- Issue: Whether the applicants, police constables accused of abduction and extortion, should be granted bail, considering the allegations, the stage of the investigation, and the fact that the magistrate has taken cognizance of non-bailable offences despite the charge sheet listing only bailable offences. Also, whether the Magistrate is bound by the opinion of the Investigating Officer as given in the charge-sheet while considering a bail application.
- Holding: The bail application was rejected.
- Reasoning: The Court reasoned that the Magistrate is not bound by the Investigating Officer's opinion in the charge sheet and can independently assess the facts and take cognizance of offences. The court noted that the Magistrate had rightly observed that prima facie offences under Sections 140(2) and 308(2) of the BNS were made out, despite the charge sheet only listing bailable offences. The court also highlighted the applicants' abuse of their position as police officers, the seriousness of the allegations, and the apprehension that they might tamper with evidence or intimidate witnesses if released on bail. The court also noted the disturbing aspect of the SIT being discontinued shortly after its formation, raising questions about the investigation's integrity. The court emphasized that law enforcement personnel are held to a higher ethical and legal standard and that their actions had undermined the integrity of the justice system.
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