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 the seriousness of the allegations, medical evidence showing 24 injuries and concerns that the trial could be undermined if they were released.
Justice V Narasingh said the court had considered witness statements and apprehensions expressed by witnesses who had sought protection. “Their release at this stage would undermine the sanctity of the trial,” the judge observed while refusing bail to constable Debendra Kumar Paik, additional sub-inspector Krushna Chandra Behera and sub-inspector Siba Prasad Sahu.
The three policemen have been in custody since August 29, 2025. They are accused of assaulting Mahuria inside the Jeypore Town police station, leading to his death in 2017. The case concerns the conduct of police personnel inside a public institution responsible for arrest, detention and the protection of people in custody.
The defence has maintained that Mahuria sustained his injuries after falling from his motorcycle while attempting to evade arrest on Canal Road. According to the prosecution, however, the injuries were caused by assault. Mahuria was taken to SD Hospital in Jeypore and later referred to the district headquarters hospital in Koraput, where he died during treatment.
The High Court also considered allegations that multiple medical opinions had been obtained to portray the injuries as accidental. The court’s observations were made while assessing whether the accused should be released on bail at this stage of the proceedings; they do not constitute a final determination of guilt.
Justice Narasingh rejected the argument that prolonged incarceration alone justified bail and said Mahuria’s alleged criminal antecedents could not dilute his fundamental rights. Referring to the allegation that Mahuria was a history-sheeter involved in 14 cases, the judge said the right to life under Article 21 was not contingent on a person’s antecedents or social standing.
The order also referred to former British Prime Minister Sir Robert Peel’s observation that “We are not to forget that the policeman is the public and the public is the policeman.” The judge further said, “Society governed by the rule of law expects discipline, not death,” while stressing that custody could not be treated as a licence to keep constitutional rights at bay.
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 High Court’s immediate order leaves the three accused in custody while the trial process continues.
