Jaysheel Tiwari vs Union Of India

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These four connected bail applications arose out of a custodial death case involving Krishna Kumar Yadav @ Pujari, aged 24 years, who died on 12.02.2021 allegedly at the hands of police personnel of S.O.G. Team and Police Station Baksa, District Jaunpur. The FIR was registered under Sections 302, 394, 452, and 504 IPC alleging that the deceased was taken into custody by police, subjected to torture, and subsequently died while in police custody, with the informant also alleging robbery of cash and articles from his house by the police.

The postmortem examination revealed ante-mortem contusion injuries on multiple parts of the body, and the cause of death was initially opined as shock and syncope due to myocardial infarction. However, a subsequent expert opinion from the Joint Director Medico Legal, State Medico Legal Cell, Lucknow, indicated that the shock could have been precipitated by vasovagal inhibition or the ante-mortem injuries found on the body. A judicial inquiry conducted by the Chief Judicial Magistrate, Jaunpur remained inconclusive as to whether the injuries were caused by police beating or by a motorcycle accident.

A Division Bench of the Allahabad High Court, in Crl. Misc. Writ Petition No. 2998 of 2021 (Ajay Kumar Yadav Vs. State of U.P. and another), directed the CBI to investigate the matter and ordered transfer of the case to the CBI forthwith vide a detailed order dated 08.09.2021. The four bail applications were filed by co-accused persons, including Jaysheel Tiwari and Angad Prasad Chaudhary (first bail applications) and Ramkrit Yadav and Raj Kumar Verma (second bail applications), and were heard together.

Catchwords: bail application custodial death police custody CBI investigation myocardial infarction ante-mortem injuries torture co-accused second bail application judicial inquiry postmortem examination vasovagal inhibition