Bombay High Court grants interim bail to man over custodial torture

The Bombay High Court granted interim bail to Anil Rathod, accused in a ₹1.3 crore cheating case, after medical reports confirmed physical assault while in police custody in Palghar district.

In Short

• Medical reports confirm Rathod's injuries in custody
• High Court grants bail to Anil Rathod, had sent him to hospital
• Case transferred to Nallasopara police, no further custody sought

The Bombay High Court on Thursday granted interim bail to a man allegedly subjected to physical assault while in police custody in Maharashtra's Palghar district. The High Court's order follows reports of injuries sustained by the man, identified as Anil Rathod, which were confirmed by medical examinations.

On Wednesday, the bench of Justices Arif Doctor and Somsekhar Sundaresan ordered a medical officer to assess the condition of Rathod, the accused who had been arrested by officials from Pelhar police station, after his family raised allegations of police brutality in custody.

Medical reports revealed evidence of physical abuse, prompting the court to direct that Rathod receive further forensic medical examination and appropriate treatment at Mumbai’s JJ Hospital.

On Thursday, the JJ Hospital too gave a report which further underlined that Rathod, the accused, had been "serious physical custodial assault", noted the Justices bench.

The bench also noted that ACP Bajrang Desai, the Investigating Officer of the case, operates out of a shop as his office was torn down for the Bullet train project in 2018 and thus, in this makeshift arrangement, there is no CCTV placed inside or outside the office.

However, the bench was of the view that such an arrangement of not having CCTV, "is a serious breakdown of the checks and balances that have been stipulated for accountability of the police. Effectively, on the premise of a distinct space, without regarding it as a police station, it has become possible for police officers to completely work in the shadows outside the reach of CCTV cameras, which is now a mandate of law."

The ACP is investigating a cheating case worth Rs 1.3 crores and the FIR mentions detainee Rathod's father.

However, the witnesses whose statements were recorded by the police had mentioned Anil's name as well. So, the police had given him a notice to appear before them. However, he did not appear.

So, on November 4, Pelhar police station officer picked up Rathod and took him to the ACP's office, where it was alleged that he was assaulted, and then the police officers let him go.

Rathod then rushed to the hospital where he was medically checked.

Later, some police officers came and formally arrested Rathod on November 5 early morning at 3 am.

Rathod’s legal team, led by advocates Nimay Dave, Priyanka Dubey, and Megha Gupta, argued that he had been subjected to severe physical abuse, including beatings with sticks and belts, which rendered him unconscious.

They further alleged that Rathod was forced to place his thumbprint and signature on blank pages to implicate his father.

The High Court enquired about the circumstances that led to Rathod’s re-arrest after his initial release. Additional Public Prosecutor Sharmila Kaushik stated that new “confidential information” had emerged, purportedly indicating Rathod’s intention to obstruct the investigation.

However, upon reviewing the case diary, the court found no substantial grounds for the re-arrest, noting that only vague mentions were made regarding Rathod’s alleged plan to influence the investigation.

The High Court ordered that all CCTV footage from the surrounding areas of ACP Desai’s office be preserved for evidence. Kaushik further confirmed that the case had since been transferred to the Nallasopara police station and that authorities would not seek further custody of Rathod.