Uttar Pradesh; The Allahabad High Court has administered a strict notice to the superintendent of Siddharth Nagar district jail for holding a man in unlawful detention for eight months just because his middle name, Kumar was missing from the bail directive. The jail superintendent Rakesh Singh was informed to be cautious in cases of the liberation of prisoners after the court summons their discharge. Singh appeared before the high court and filed an affidavit noting that the applicant was freed from jail on December 8, 2020.
While upholding the affidavit of submission on the document, Justice JJ Munir said, “This court has perused the affidavit filed by the jail superintendent. The explanation provided for non-compliance with this court’s directive, and, as a result, postponing the liberation of the applicant is hesitantly accepted. The individual presence of the jail superintendent is excused. He is cautioned to stay prudent hereafter.”
The applicant’s name in the bail order was shown as ‘Vinod Baruaar’. His bail application was earlier declined by the additional sessions judge, Siddharth Nagar on September 4, 2019. Hence, he applied for bail before the high court. The high court on April 9, 2020, mandated his discharge on bail. But he was not freed from jail, as the jail authorities denied to concede with the release directive because the name noted in the release order was ‘Vinod Baruaar’, whereas in the remand sheet his name was ‘Vinod Kumar Baruaar’.
Before, while attending a name correction plea carried by the applicant, the court took serious note of his non-release over a small technicality and demanded the liberation of the applicant. The court demanded the jail superintendent of Siddharthnagar district jail while observing, “It is on that small technicality that the jail superintendent/jailer has flouted the bail order of high court by refusing to release the applicant”.
The court-mandated that the jail superintendent/jailer, after conceding with the order, shall appear before this court and justify why proper departmental probe may not be urged against him. Vinod was charged in 2019 after an FIR was filed against him under section 8/19 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 for keeping drugs and under section 411, 413 of the Indian Penal Code (IPC) for possessing and trading stolen goods.
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