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Allahabad High Court: Unnecessary Or Unjustified Arrest Made By Police Leads To Violation Of One’s Private Liberty [READ ORDER]

The Allahabad High Court, while hearing the matter, observed that“Irrational and indiscriminate arrests are gross violation of human rights.”

By: Anish Khondo, 5th Year, BA LLB, School of Law Christ (Deemed to be) University, Bangalore.

The High Court was dealing with the anticipatory bail of the applicant Sachin Saini to release him under section 147, 148, 323, 504, 506 of the Indian Penal Code.

The Learned counsel for the applicant Manoj Kumar Srivastava had submitted that the allegations are absolutely incorrect and the applicant has been falsely implicated. “He has no criminal history to his credit. The applicant has definite apprehension that he may be arrested by the police any time.”

The Learned AGA had opposed the prayer for anticipatory bail of the applicant and“has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail.”

The High Court, after observing the statements, said that if an FIR is lodged then it’s up to the will of the police to make an arrest and there is no fixed period for the police to arrest an accused.

Also, the “arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are a gross violation of human rights.”

Then the Hon’ble Siddharth, J. also referred a case Joginder Kumar v. State of Uttar Pradesh (AIR 1994 SC 1349) wherein the apex court had referred the

third report of National Police Commission where it was said that the arrest is one “chief source of corruption” for the police and “nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails.”

In addition to the case, the High court also referred to Personal liberty which “is a very precious fundamental right and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case, the arrest of an accused should be made.”

Lastly, without considering any merit of the case, the High Court released the applicant on anticipatory bail and certain conditions made by the trial court to be followed.

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