AJAY KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sarvesh Chaubey, learned counsel for the petitioner, Sri S.K. Pal, learned Government Advocate assisted by Sri Roopak Chaubey, learned AGA for the State-respondent Nos. 1, 2, 3 and 4 and Sri Gyan Prakash, assisted by Sri Sanjay Kumar Yadav, learned counsel for the respondent no. 5.

(2.) It is a case of custodial death of a young boy aged about 24 years, namely, Krishna Yadav @ Pujari. As per FIR No.0038/21, dated 12.02.2021 under Sections 302, 394, 452 and 504 I.P.C. P.S. - Baksa, District - Jaunpur, the SOG team and SO Baksa, Ajay Kumar Singh came to the house of the deceased on 11.02.2021 about 03:00 P.M. and took away the deceased with an intent to implicate him falsely and the deceased was detained at the police station. At about 08:00 P.M. the S.O. Baksa and other policemen (ten in numbers) forcibly entered in the house of the informant and after breaking lock of the box took away Rs.60,000/- and other articles and used filthy language against women family members of the deceased. At about 12.30 P.M. the incharge SOG and SO Baksa, Ajay Kumar Singh and 10 - 12 policemen brought the deceased who was not even able to stand and was loudly crying "???-??? ???? ??? ?? ????? ???? ???? ??? ?? ??? ??????" Policemen also took away the motorcycle kept in the house and when the informant went to the police station he was not allowed to meet with his brother (deceased) and in the morning, information was received that his brother Krishna Yadav @ Pujari died in police custody who has been murdered by the policemen.

(3.) On the other hand, the police has developed a story that as per G.D. Entries Nos.05 and 06, dated 12.02.2021, the deceased was apprehended while he was driving a motorcycle who fell, received injuries and could not fled away and he told that in the afternoon of 11.02.2021 he was hit by a motorcycle and the public beaten him. The arrest of the deceased has been shown at 10:25 P.M. on 11.02.2021. As per G.D. the deceased was brought to the police station Baksha at 01:30 A.M. on 12.02.2021 and at the same time he was sent for first aid alongwith Sub Inspector Sunil Kumar Tiwari, constable Manish Kumar and constable Samir Kumar and the Doctor at the CHC referred the deceased for treatment to District Hospital, Jaunpur and by the time they reached at the District Hospital Jaunpur, Krishana Yadav @ Pujari died and thus he was brought to the District Hospital as dead. Copy of G.D. No.05 dated 12.02.2021 has been filed by the respondent no.2 as Annexure C.A. -2 to the counter affidavit dated 01.09.2021 and the G.D. Entry No.06 of even date and time i.e. 12.02.2021 time 01:30 A.M., has been produced today by the learned A.G.A. before us stating that inadvertently these pages could not be annexed with the counter affidavit. In G.D. No.05 dated 12.02.2021 time 01:30 A.M. it has been mentioned that :