Covid Is Over, But ‘Plague Of Custodial Deaths’ Continues: Allahabad HC

The Allahabad High Court has expressed serious concern over custodial deaths, observing that the problem continues despite the end of the COVID-19 pandemic, while rejecting anticipatory bail pleas of two Railway Protection Force (RPF) personnel accused in a Gonda death case.

Justice Manish Mathur of the Lucknow bench made the observation while dismissing separate criminal appeals filed by RPF sub-inspector Karan Singh Yadav and constable Amit Kumar Yadav. The two had challenged a Gonda special court's August 4 decision refusing them anticipatory bail.

The case concerns the alleged custodial death of Sanjay Kumar Sonkar, a resident of Kinki village in Gonda.

The court observed that although the COVID-19 pandemic had run its course, the “plague of custodial death” did not appear to have abated. It further said that in custodial death cases, the burden of proof can and should ordinarily be placed on police personnel to rebut the allegations made against them.

The case stems from the alleged theft of six tins of mustard oil from a goods train travelling from Gonda to Guwahati on September 28, 2025. Sonkar's name reportedly emerged during the RPF investigation.

According to the prosecution, RPF personnel took Sonkar for questioning on November 4, 2025. He was later brought to his village for further investigation before being taken away again. The following morning, his brother was informed that Sonkar's body had been taken to the mortuary.

The prosecution has alleged that Sonkar was assaulted while in custody, leading to his death. The two RPF personnel have denied the allegations and claimed they were falsely implicated.

Their counsel referred to the post-mortem report, which recorded bruises and abrasions on Sonkar's upper thigh and abrasions on both knees. They argued that the injuries were not sufficient to cause death.

The state opposed the bail pleas, citing the seriousness of the allegations and alleging that the accused were not cooperating with the investigation.

The High Court said the significance of the post-mortem findings would ultimately have to be assessed through evidence during the proceedings. It consequently dismissed the appeals and refused anticipatory bail to the two accused.