CJM court denies bail to cops in torture case

Bhagalpur, July 21: Bhagalpur chief judicial magistrate (CJM) Tribhuvan Yadav on Tuesday rejected the bail plea of three policemen accused in a three-year-old torture case.

Then inspector of police and Kotwali police station house officer (SHO) Kumud Kumar, then Taterpur SHO Sanjay Biswas and then Adampur SHO Santosh Kumar were forwarded to jail following a complaint from one Mohammad Rustam (29) in the Bhagalpur CJM's court.

Rustam alleged the police had put pressure on him to become a witness in a murder case and, when he refused to do so, allegedly tortured him in custody.

Rustam's lawyer Abhaykant Jha, a resident of Sahajangi locality here, said the police had made his client a non-FIR accused in the May 2012 Bishwanath Gupta murder case. Rustam claimed the police detained him on August 19, 2012, and sent him to jail on September 9, violating a rule that says an arrested person should be produced before a competent court within 24 hours of arrest.

His lawyer claimed that during the nearly month-long illegal detention, Rustam was tortured after he refused to become a witness against social worker Dipak Shaw in the Bishwanath Gupta murder case. The police allegedly poured petrol inside his rectum. Rustam had prayed before court for his medical examination, alleging his condition was serious.

According to Rustam's lawyer, the police lodged an FIR against two doctors at the local central jail who conducted medical tests on Rustam as per the court's direction and reported to the court that they had observed injuries on his body.

The Bhagalpur CJM's court took cognisance of the case against the three policemen on March 5, 2013, after which it issued a non-bailable warrant against them on February 14, 2014.

The three accused policemen had tried for anticipatory bail from higher courts but their petitions were rejected and they had no option but to surrender before the CJM court, which remanded them in judicial custody.

Kumud Kumar is now posted in Kaimur, Sanjay in Jamui and Santosh is still at Adampur. The court initiated proceedings against the accused under Section 82 of IPC on July 2, 2015 and asked all the accused to appear physically before the court on Tuesday.

The accused policemen filed a surrender-cum-bail application and appeared before court on Tuesday.

After hearing both parties, the court rejected their bail plea and forwarded them in judicial custody for 14 days.



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