The Supreme Court in the case Md Tauhid vs State of Bihar observed and has criticized Bihar Police for expecting an accused to prove his innocence during the investigation. The Court termed such an approach to be shocking.
The Division bench comprising of Justice Abhay S. Oka and Justice Ujjal Bhuyan in the case was hearing the criminal appeal against the Patna High Court’s order, which declined anticipatory bail to the present accused.
The court in the case observed and has granted an interim protection. Thus, the Supreme Court imposed a condition that the accused shall cooperate for investigation on December 06, 2023.
The court stated that the Police Officer seems to be under an impression that the accused has to appear before him and prove his innocence and such approach cannot be countenanced.
Therefore, the said matter was called for the hearing on February 08, 2023.
The court in the case observed that the accused was asked to join the investigation only once. Therefore, the said court also drew attention to para 9 of the Counter-affidavit filed by the police.
The affidavit read as:
9. That further as per order of Hon’ble Supreme Court I.O has served notice to petitioner Tauhid @ Kallu, Manoj Singh on January 15, 2024 to join the investigation as mentioned in paragraph-71 of C.D. and thereafter Tauhid @ Kallu, Manoj Singh appeared before I.O. on January 24, 2024 and on interrogation pleaded himself innocent but did not produce and material in support of his claim.
It has also been noted by the court that police needed the accused’s custody not for interrogation but for some other reason.
The court stated that from paragraph 9 of the counter affidavit, it is obvious that the Police need the custody of the appellant-Md. Tauhid @ Kallu, not for interrogation but for some other reason. This court also record that the approach of the Police reflected from paragraph 9 of the counter affidavit, to say the least, is shocking.
Accordingly, the court passed the interim order in favor of the accused.