'Lackadaisical': High Court Raps Delhi Police For Failure Of IOs To Produce Case Files In Bail Matters, Asks Police Commissioner To Act

The Delhi High Court has rapped the Delhi Police for failure of the investigating officers (IO) in producing case files and not briefing the prosecutors in bail matters, while asking the Commissioner of Police to act on the issue.

Justice Girish Kathpalia said that copies of similar orders highlighting the lapse have been sent repeatedly to the concerned DCPs to streamline the system, “but to no avail.”

The Court said that it has been directed repeatedly that in bail matters, the IOs should brief the prosecutor before commencement of hearing and should remain present with file in the course of hearing.

“In present case also, due to failure of IOs, the learned prosecutor is unable to assist. Such lackadaisical approach to liberty of an individual cannot be accepted,” the Court said.

“Once an individual is arrested, the investigator must diligently produce before the court the necessary record and submissions to justify curtailment of liberty. Copy of this order be sent to the Commissioner of Police to look into the matter,” it added.

Justice Kathpalia granted bail to a man in a case registered for the offences under Section 65(1) of Bharatiya Nyaya Sanhita, 2023, and Section 4 of Protection of Children from Sexual Offences Act.

It was alleged that in August last year, the accused took home a 13 year old girl who was playing with her friends in the locality and committed rape on her, after which she became pregnant.

While the APP accepted notice on the plea and opposed the grant of bail, the Court noted that the prosecutor was unable to assist because one Investigating Officer had not brought the investigation or police file while the SHO was bot aware about the progress of the case.

The Court was informed by the APP that Inspector concerned was not the SHO but ATO, and earlier he mistook the inspector as SHO.

“From the aforesaid, it appears that the prosecution/investigator does not want to oppose this bail application. But that in itself should not entail grant of bail where the accused/applicant does not deserve the same,” the Court said.

Keeping in mind the gravity of offence, coupled with the fact that the prosecutrix supported prosecution case in her testimony during trial, the Court did not consider it to be a fit case to release the accused on bail.

Accordingly, the Court dismissed the bail plea.

Title: KESHAV KUMAR @ TUSHAR v. STATE (GNCT) OF DELHI AND ANR

Citation: 2025 LiveLaw (Del) 997

Click here to read order