06 March 2024 FIR >> Criminal Law  

The Supreme Court has overturned an anticipatory bail granted by the High Court to a police officer accused of tampering with a First Information Report (FIR). The officer, who was the Investigating Officer (IO) for the original case, allegedly changed the name of the accused's father in the FIR, leading to the arrest of a different individual.

Facts:

• The Respondent, a police officer, was the Investigating Officer (IO) for Dhanwar PS Case No. 276 of 2021.
• The FIR in that case alleged offenses under Sections 420, 475, 201, 109 and 34 IPC along with Sections 65 and 68 of the Copyright Act, 1957.
• A separate Dhanwar PS Case No. 296 of 2021 was registered against the Respondent for allegedly tampering with the FIR in Case No. 276/2021.
• The allegation against the Respondent was that he changed the name of the accused's father in the FIR and subsequently arrested a different individual.
• The learned Additional Sessions Judge-V, Giridih, rejected the Respondent's anticipatory bail application, noting CCTV footage and visible alterations in the FIR.
• The High Court granted the Respondent anticipatory bail without providing reasons in its order.

Conclusions:

• The Supreme Court held that the High Court erred in granting anticipatory bail without considering the seriousness of the allegations against a senior police officer.
• The Court opined that tampering with evidence by an IO undermines public interest and sends a wrong message to society.
• The Court distinguished the case from a typical bail application, emphasizing the Respondent's position and duty as an IO.
• The Court allowed the appeal and set aside the anticipatory bail granted by the High Court.