The court ruled that absence of concrete evidence linking accused to custodial torture along with no substantial change in circumstances justified denial of bail applications.

ORDER

1. By virtue of this combined order, I propose to dispose off two bail applications, one filed by Accused No.1 and another filed by Accused Persons No. 2 to 8.

BRIEF FACTS OF THE CASE

2. The present case emanates from FIR No. RC-048202550008 dated 26.07.2025, registered by the Central Bureau of Investigation pursuant to directions of the Hon'ble Supreme Court of India in SLP (Criminal) Nos. 13751-13752 of 2023. The case concerns the alleged illegal detention, wrongful confinement, and custodial torture of Police Constable Khursheed Ahmed Chowhan at the Joint Interrogation Centre (JIC), Kupwara, during the period from 20.02.2023 to 26.02.2023. The complainant, Smt. Rubeena Akhter, wife of the victim, approached the Hon’ble Supreme Court alleging that her husband was subjected to brutal custodial torture by police personnel at JIC Kupwara under the pretext of investigating narcotics-related offences. The Hon’ble Supreme Court, taking cognizance of these serious allegations involving breach of fundamental rights and custodial violence, directed the CBI to register an FIR and conduct a thorough investigation into the matter.

3. The investigation conducted by Inspector Subhash Chander Kundu revealed that Khursheed Ahmed Chowhan was initially detained on suspicion of involvement in narcotics smuggling and was brought to JIC Kupwara for interrogation. During his detention from 20.02.2023 to 26.02.2023, it is alleged that the accused police personnel, in criminal conspiracy, subjected him to physical torture to extract confessions regarding narcotic smuggling activities. The chargesheet filed on 22.10.2025 implicates eight police personnel, including Dy. SP Aijaz Ahmad (A-1), SI Reyaz Ahmad Mir (A-2), SPO Jahangeer Ahmad Beigh (A-3), Head Constable Mohd Younis Khan (A-4), Sergeant Constable Shakir Ahmed (A-5), Head Constable Tanveer Ahmad Malla (A-6), Sergeant Constable Altaf Hussain Bhat (A-7), and Constable Shahnawaz Ahmad Deedad (A-8), all attached to JIC Kupwara. The charges under the chargesheet include Sections 120-B (criminal conspiracy), 323 (voluntarily causing hurt), 325 (voluntarily causing grievous hurt), 330 (voluntarily causing hurt to extort confession), 331 (voluntarily causing grievous hurt to extort confession), and 343 (wrongful confinement) of the Indian Penal Code .

4. The investigation gathered substantial evidence including oral testimony from the victim Khursheed Ahmed Chowhan and his family members, documentary evidence in the form of medical reports, CCTV footage from JIC Kupwara dated 26.02.2023, and forensic evidence analyzed by the Central Forensic Science Laboratory (CFSL), Chandigarh. The medical examination conducted on Khursheed Ahmed Chowhan revealed injuries consistent with physical assault, particularly non-genital injuries on the buttocks and thighs, which medical experts opined were indicative of custodial torture. The CFSL analysis confirmed DNA matches of biological samples with the victim, corroborating the allegations of physical assault. CCTV footage from the interrogation center showed the victim's movements within the facility and his condition during detention, with footage specifically from 26.02.2023 showing him limping, which supports the allegations of physical abuse. The investigation also examined mobile phones and electronic devices seized during the inquiry, though NETRA Lab analysis revealed no significant digital evidence linking the devices to the alleged crimes.

5. Significantly, the investigation revealed that one Imtiyaz Ahmad, who was initially suspected to be involved in th