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The Supreme Court on Thursday directed immediate release on bail of R Rajan and Shankhadhar Dwivedi, cops from Uttar Pradesh, who had been named as accused in a case regarding custodial death.

A bench of Justices AM Khanwilkar and CT Ravikumar were told that the unfortunate incident in question took place in the year 1997, whereafter multiple enquiries were set up, including by the Human Rights Commission and Magisterial enquiry.

"No irregularity much-less complicity of the appellant(s) had been noticed in those enquiries. Even in reference to the complaint in question a closure report was filed by the police who had investigated the case. The case, however, has been kept alive because of the protest petition. The fact remains that until 15.04.2021, the appellant(s) were neither arrested nor required to be arrested since 1997. No direction has been given by the Court of competent jurisdiction for further investigation.", the bench was further informed.

It was also noted that the evidence in the form of post-mortem report indicated that the deceased had sustained injuries on the back of his thighs.

To this the court said that those injuries could not have resulted in the death.

Moreover, the court relied on medical evidence which indicated that  the deceased had died due to heart ailment.

The complainant in the instant case had relied on the affidavit by one Chandrabali Yadav @ Kariya, whereas the appellant pointed out that the same person had given a different statement during the Magisterial enquiry in March, 1997, in which no involvement of the appellant(s) much-less commission of offence was set out.

Further, the stated person had been declared absconder in case pending before the Court of Judicial Magistrate, First Class, Sahadol, Madhya Pradesh in January 2007 and was not traceable since then, noted the Court.

Taking overall view of the matter, the bench granted bail on such terms and conditions, as may be directed by the Trial Court, while keeping it open to the complainant to insist for imposing stringent conditions.

Cause Title: R. RAJAN ETC v THE STATE OF U.P