The Orissa High Court has rejected the bail pleas of three policemen accused in the 2017 custodial death of Akash Mahuria at Jeypore Town police station, citing medical evidence of 24 injuries, witness concerns and the need to protect the integrity of the trial.
Justice V Narasingh said the nature of the allegations and apprehensions expressed by witnesses who had sought protection weighed against releasing the accused at this stage. “Their release at this stage would undermine the sanctity of the trial,” the judge observed, adding that a society governed by the rule of law expects “discipline, not death”.
The accused are constable Debendra Kumar Paik, additional sub-inspector Krushna Chandra Behera and sub-inspector Siba Prasad Sahu. They have been in custody since August 29, 2025. The court rejected the argument that their prolonged incarceration by itself was sufficient ground for bail.
According to the prosecution, the three policemen were part of a team that went to arrest Mahuria on January 30, 2017. He was allegedly assaulted inside Jeypore Town police station and later taken to SD Hospital in Jeypore before being referred to the district headquarters hospital in Koraput, where he died during treatment.
The defence has maintained that Mahuria sustained injuries after falling from his motorcycle while attempting to evade arrest on Canal Road. The state disputed that account and alleged that the injuries were caused by assault. The High Court also took note of allegations that multiple medical opinions had been obtained to portray the injuries as accidental.
The court said Mahuria’s alleged criminal antecedents could not be used to dilute his fundamental rights. Referring to claims that he was a history-sheeter involved in 14 cases, Justice Narasingh observed that the right to life under Article 21 was not contingent on a person’s antecedents or social standing. The judge also cited former British Prime Minister Sir Robert Peel’s words: “We are not to forget that the policeman is the public and the public is the policeman.”
The case was initially registered at Jeypore Town police station on January 30, 2017. It was later taken over by the CID-crime branch, which registered a fresh case on November 12, 2021. The three accused will remain in custody as the trial proceeds.
