The Orissa High Court on Wednesday took strong exception to the ‘custodial abuse’ of the woman fiancé of a serving officer in the Indian army, during her visit to a police station in Bhubaneswar to register a complaint against a group of anti-socials in a road rage case.

The single bench judge of High Court Justice Aditya Kumar Mohapatra, while granting bail to the woman allegedly arrested in a trumped up case after being assaulted and molested in lockup in Bharatpur police station in Bhubaneswar, observed that “the allegation made by the accused-petitioner in the present case is an anathema to the very concept of a democratic and orderly society”.

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As per the case records, a serving Army officer of Sikh regiment and his female friend had rushed to the Bharatpur police station to seek protection from unsocial elements after they encountered a road rage on the highway passing through the city.

As the policemen on duty at the police station insisted on a written complaint, a verbal duel ensued. The policemen, unable to digest the show of resistance, allegedly beat up the duo and confined the Army officer in lockup in the police station.

Later the army officer’s female friend was badly beaten, stripped and molested as she vehemently protested the police highhandedness. Later the woman was arrested and was sent to jail on 16 September after a local Court rejected her bail application.

Taking into consideration the seriousness and gravity of the allegation, the custodial detention of the petitioner (arrested woman) infringes upon the fundamental right of the petitioner as guaranteed under Article 21. On a careful examination of the record, it appears that the allegations are very serious in nature, Justice Mohapatra ruled.

“This Court observes that individual liberty of the citizens is of paramount consideration and the same is to be protected while enforcing the rule of law in the society. The allegation made by the accused-petitioner in the present case is an anathema to the very concept of a democratic and orderly society.”

Therefore by taking a departure from the well-established practice of considering the bail application only after the same is rejected by the District & Sessions Judge, this Court deems it proper to take up the bail application of the petitioner on its own merit.

This Court is of the view that the allegation with regard to police atrocities shall be dealt with utmost seriousness and the same shall be taken to its logical conclusion, the Court concluded.