The Bombay High Court on Thursday granted anticipatory bail to a man detained by the Vasai-Virar police for allegedly assaulting an Assistant Commissioner of Police (ACP) of the Mira Bhayander-Vasai Virar (MBVV) unit. The court found the man’s arrest at 3am on November 5 prima facie “illegal”.

The HC passed the order while hearing a petition by Sunil Rathod, Anil’s brother, who was detained and alleged police brutality at the ACP office in a commercial ‘gala’. As of 2018, ACP Bajrang Desai’s office has been operating in a makeshift space among the shops after the original office was displaced due to the bullet train project.

The court observed that the absence of CCTV cameras at this office (not designated as a police station) where the interrogation took place indicated a “serious breakdown of checks and balances on police accountability”.

“Effectively, on the premise of a distinct space, without considering it a police station, it has become possible for police officers to work completely in the shadows, out of reach of the CCTV cameras that are now a mandate,” a holiday bank. told Justices Arif Doctor and Somasekhar Sunderesan in a detailed 21-page order.

The bench directed the deputy commissioner of police (DCP) of MBVV to file an affidavit addressing the lack of a designated secure space for hearings. This affidavit must be personally verified by the Commissioner of Police. The DCP has also been directed to look into the matter, examine all available CCTV footage in the vicinity of the ACP’s Chandan Park office and submit a detailed report within four weeks.

Rathod’s lawyer Nimay Dave claimed that on November 4, Anil Rathod was severely beaten with sticks, a leather belt and punched at the ACP’s makeshift office. Although he was released later that day, Rathod was allegedly arrested again at 3 am on November 5 by plainclothes officers. The FIR in question, which charges Rathod’s father with cheating and criminal intimidation, does not name Anil. Dave claimed that Anil was forced to implicate his father by admitting a debt of Rs 3 crore to the plaintiff in the case.

The state counsel noted that the investigation has been transferred to Nalasopara police station outside the jurisdiction of ACP Desai. However, the court observed: “The detainee’s arrest prima facie appears to be illegal” based on medical evidence of injuries, allegations of torture and inconsistencies in police conduct. Interim bail was granted until December 10.

The court also considered the medical records which confirmed injuries to Anil and said that “notings in the case diary about the detention of conspiracy to block investigations on the basis of alleged torture, the arrest of the detainee prima facie appears to be illegal. “.