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, witness concerns and the need to protect the integrity of the trial.
Justice V Narasingh observed that custody could not be treated as a licence to suspend constitutional rights. The court said the nature of the allegations, medical evidence indicating 24 injuries on Mahuria’s body, witness statements and apprehensions expressed by witnesses seeking protection weighed against releasing the accused at this stage.
“Their release at this stage would undermine the sanctity of the trial,” the judge said. He also observed that a society governed by the rule of law expects “discipline, not death”. The court rejected the argument that prolonged incarceration alone was sufficient ground for granting bail.
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, in connection with the case.
According to the prosecution, the three policemen were part of a team that went to arrest Mahuria on January 30, 2017. The defence maintained that Mahuria was injured after falling from his motorcycle while attempting to evade arrest on Canal Road. He was taken to SD Hospital in Jeypore and later referred to the district headquarters hospital in Koraput, where he died during treatment.
The state disputed the accident theory 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 dilute his fundamental rights, even though he was described as a history-sheeter allegedly involved in 14 cases.
“The right to life under Article 21 is not contingent upon the antecedents or social standing of an individual,” Justice Narasingh said. Referring to the relationship between the police and the public, he 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 High Court’s latest order leaves the three policemen in custody while the trial proceeds.
