Court cites non-compliance with constitutional requirements for arrest, emphasizes need for adherence to legal protocols.
In a significant ruling, the Allahabad High Court has granted bail to Sandeep Baisoya, who was implicated in a criminal case under the Bharatiya Nyaya Sanhita, 2023. The decision, delivered by Justice Arun Kumar Singh Deshwal, underscores critical procedural lapses by the police, particularly the non-compliance with Article 22(1) of the Constitution of India, which mandates the provision of arrest grounds to the accused at the time of arrest or prior to the remand.
The judgment highlighted that the applicant, Sandeep Baisoya, was not informed of the grounds of his arrest at any stage until the remand order was passed. This omission constitutes a violation of his fundamental rights, thereby rendering the arrest illegal and invalidating the subsequent remand order. The court reiterated the necessity of furnishing arrest grounds as a constitutional safeguard, echoing the precedent set by the Supreme Court in Vihaan Kumar v. State of Haryana.
Additionally, the court pointed to the failure of the police to prepare a panchnama (disclosure memo) at the police station before proceeding with the recovery of a country-made pistol, as required by Section 27 of the Evidence Act. This procedural lapse was deemed a violation of established legal protocols, as outlined in the Supreme Court's judgment in Subramanya v. State of Karnataka.
In granting bail, the court also considered the parity with co-accused Divyanshu, who had already been released on bail, and the applicant's lack of a requirement for custodial interrogation. The ruling emphasized the need for the police and judicial authorities to adhere strictly to legal and constitutional requirements to uphold the integrity of the criminal justice system.
The decision comes amid concerns over overcrowded jails and the heavy pendency of criminal cases in trial courts, highlighting the judiciary's role in safeguarding individual liberties while maintaining the rule of law.
Bottom line:-
Compliance with Article 22(1) of the Constitution of India, which mandates providing the grounds of arrest at the time of arrest or prior to remand, is essential. Non-compliance violates fundamental rights and renders the arrest illegal. Proper procedure for preparing a disclosure memo (panchnama) under Section 27 of the Evidence Act must also be followed.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 103(1), 3(5), Article 22(1) of the Constitution of India, Evidence Act, 1872 Section 27
Sandeep Baisoya v. State of U.P., (Allahabad) : Law Finder Doc id # 2907118
