Jaunpur Custodial Death: Allahabad High Court Denies Bail to Four Accused Police Personnel

In a significant blow to police accountability, the Allahabad High Court on Wednesday rejected the bail applications of four Uttar Pradesh police personnel charged in the brutal custodial death of Krishna Kumar Yadav alias Pujari in Jaunpur in February 2021 . Justice Samit Gopal, in a detailed 95-page order, relied heavily on the Central Bureau of Investigation's (CBI) chargesheet which alleged that the accused officers caused grievous injuries to extract a confession and subsequently murdered the victim. The court also noted that false records were created to portray the death as an accident rather than torture in custody, underscoring the judiciary's growing intolerance towards custodial violence.

High Court's Stern Stance on Custodial Violence

The rejected bail pleas belong to Jaysheel Tiwari, Ramkrit Yadav, Raj Kumar Verma, and Angad Prasad Chaudhary, all of whom were among the eleven police personnel chargesheeted by the CBI. The chargesheet , filed under Sections 302, 330, 331, 218 read with 34 and 120-B of the Indian Penal Code (IPC) , accuses the officers of murder, causing hurt to extort confession, and fabricating false evidence . The Special CBI Judge in Lucknow had framed charges on September 18, 2024 , and the trial is ongoing, with eleven prosecution witnesses already examined.

The court's reasoning was unambiguous: custodial death cases demand a stricter approach to bail , as previously held by the Supreme Court . Justice Gopal observed that the accused police personnel had not only violated the fundamental rights of the deceased but had also attempted to subvert justice by creating a fake narrative.

The Tragic Night of February 11, 2021

The case traces back to an FIR lodged on February 12, 2021 , at Baksa Police Station , Jaunpur, under Sections 302, 394, 452, and 504 IPC . According to the FIR, Krishna Kumar Yadav was forcibly taken from his home around 3 a.m. on February 11, 2021 , by a team comprising the Special Operations Group (SOG) and the then Station House Officer (SHO) of Baksa, along with other personnel. Later that night, the police returned with Krishna, who was allegedly unable to stand and cried out to his mother for help, shouting that the police would kill him. Shortly thereafter, the family was informed that he had died in police custody.

The initial post-mortem report recorded three contusions over the buttocks, lower scapular region, and left arm, attributing death to shock and syncope due to myocardial infarction. However, the CBI's investigation, which was transferred from the state police in September 2021 following High Court proceedings, painted a starkly different picture.

CBI's Case: From Heart Attack to Blunt Force Trauma

The CBI relied on a subsequent opinion from a medical board at AIIMS, New Delhi , which concluded that the deceased had suffered multiple blunt-force injuries. The board stated unequivocally that the cause of death was " shock due to cumulative effects of multiple blunt force injuries sustained to the body ." It further noted that the injuries were antemortem , fresh, and collectively sufficient to cause death in the ordinary course of nature . This opinion directly contradicted the initial post-mortem finding and formed the cornerstone of the CBI's charge that the victim was tortured and murdered in custody.

The CBI also alleged that false records were deliberately created to misrepresent the death as resulting from an accident or an assault by unknown persons, rather than physical torture at the hands of the police. This cover-up , the agency argued, was part of a well-planned conspiracy .

Bail Rejection and Judicial Observations

In denying bail , the High Court scrutinized the individual circumstances of each applicant. For Jaysheel Tiwari, the court noted that he had allegedly absconded during the investigation, leading to proceedings under Sections 82 and 83 of the Code of Criminal Procedure (CrPC) . He subsequently absconded again during trial before his arrest. The court held that this conduct indicated non-cooperation and a likelihood of absconding, thereby rejecting his bail plea.

Ramkrit Yadav and Raj Kumar Verma had sought bail for the second time, having had their earlier applications rejected in 2022 . The court found no fresh grounds to reconsider their pleas, emphasizing that parity with a co-accused cannot by itself constitute a basis for bail .

The court also referred to its own earlier observations in a related case, describing the incident as involving " custodial torture and death with robbery in a well-planned conspiracy " and constituting a "clear-cut case of abuse of police powers and police high-handedness ." This strong language reflected the judiciary's condemnation of the conduct of the accused officers.

Supreme Court 's Precedent on Custodial Deaths

A crucial factor in the High Court's decision was the Supreme Court 's order of March 12, 2024 , which cancelled the bail granted to co-accused Jitendra Singh. The Apex Court had observed that custodial death allegations against police officers warrant a " stricter approach " when considering bail . It also noted the gravity of the charge under Section 302 IPC and directed the accused to surrender before the CBI court. This precedent reinforced the Allahabad High Court 's stance that bail in such cases cannot be granted lightly.

Implications for Police Accountability

The judgment sends a strong signal to law enforcement agencies that custodial torture will be met with severe judicial scrutiny. By rejecting bail and ordering the trial to be expedited, the High Court has underscored the need for swift justice in custodial death cases, which are often plagued by delayed proceedings and witness intimidation . Legal experts view this as a positive step towards reinforcing the right to life under Article 21 of the Constitution , which explicitly prohibits torture in custody.

The case also highlights the critical role of independent forensic evidence , such as the AIIMS medical board opinion, in countering initial false narratives. The court's reliance on such evidence may set a precedent for future cases where post-mortem reports are contested.

Conclusion

The Allahabad High Court 's rejection of bail for the four accused police personnel is a reaffirmation of the principle that no one is above the law, especially those entrusted with its enforcement. The court has directed the trial court to expedite proceedings and avoid unnecessary adjournments, ensuring that the case progresses without delay. As the trial moves forward, the legal community will be watching closely to see how the broader issues of police accountability and custodial violence are addressed in the final verdict.