For an additional “Kumar” in remand sheet, accused forced to remain in jail for 8 months despite bail order; angered Allahabad HC gives jail authorities a dressing down

The Allahabad High Court "reluctantly" let off a Jail Superintendent with a warning after he failed to release an accused on bail eight months after the High Court's order because the name mentioned in the release order was "Vinod Baruaar", whereas the remand sheet, had "Vinod Kumar Baruaar" on it.

Angered by the jail authority for flouting the court order, Justice J.J. Munir summoned the Jail Superintendent and warned him to be careful in the future.

"The explanation furnished for non-compliance with this Court's order, and, in consequence, delaying the release of the applicant is reluctantly accepted", said Justice Munir.

"This Court does not appreciate our orders being flouted with impunity. This Court fails to understand that when the applicant's name mentioned in the bail rejection order is "Vinod Baruaar", why "Kumar" must be added to the name mentioned in the bail order, in order to make it effectual", said Justice Munir.

The Court said this kind of a trifling of the mistake pointed by the Jail Authorities would have to invite severe punishment unless there was serious doubt or a dispute about the identity of the applicant which was not the case here.

The observations of the court follow an application that was moved by the accused with a request that his name which is shown as "Vinod Baruaar" in the cause title of the bail application and also in the rejection order dated 04.09.2019 passed by the learned Additional Sessions Judge/F.T.C.-II, Siddharthnagar, in Bail Application No. 731 of 2019, be corrected to "Vinod Kumar Baruaar.

Baruaar was granted bail by the High Court on April 9 in a Narcotic Drugs and Psychotropic Substances Act (NDPS) matter.

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