The Allahabad High Court has issued a stern warning to the superintendent of Siddharth Nagar district jail for keeping a man in illegal confinement for eight months just because his middle name – Kumar – was missing from the bail order.
The jail superintendent Rakesh Singh was told to be careful in matters of release of inmates after court orders their release. Singh appeared before the high court and filed an affidavit stating that the applicant was released from prison on December 8, 2020.
While keeping the affidavit of compliance on record, Justice JJ Munir said, “This court has perused the affidavit filed by the jail superintendent. The explanation furnished for non-compliance with this court’s order, and, in consequence, delaying release of the applicant is reluctantly accepted. The personal presence of the jail superintendent is exempted. He is warned to remain careful in future.”
The applicant’s name in bail order was shown as ‘Vinod Baruaar’. His bail application was earlier rejected by the additional sessions judge, Siddharth nagar on September 4, 2019. Hence, he filed an application for bail before the high court. The high court on April 9, 2020 directed his release on bail. But he was not released from jail, as the jail authorities refused to comply with the release order because the name mentioned in the release order was ‘Vinod Baruaar’, whereas in the remand sheet his name was ‘Vinod Kumar Baruaar’.
Earlier, while hearing a name correction plea moved by the applicant, the court took serious note of his non-release over a small technicality and directed release of applicant.
The court summoned the jail superintendent/jailer 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 directed that the jail superintendent/jailer, after complying with the order, shall appear before this court and explain why appropriate departmental inquiry may not be recommended against him.
Vinod was arrested in 2019 after an FIR was filed against him under section 8/19 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 for possessing drugs and under section 411, 413 of the Indian Penal Code (IPC) for possessing and dealing in stolen goods.