In a significant ruling, the court emphasized the mandatory requirement of videography during recovery and seizure, directing the DGP to issue SOPs for compliance.
In a landmark decision, the Allahabad High Court, under the judgment of Justice Arun Kumar Singh Deshwal, granted bail to Shadab, a defendant in a case involving the recovery of 40 motor cycles. The decision, dated January 5, 2026, highlighted serious lapses by the police in adhering to the procedural requirements stipulated under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), specifically concerning the mandatory videography of recovery operations.
Shadab, who was not initially named in the FIR, was arrested alongside four other co-accused. The police claimed to have recovered 40 motorcycles from their possession. However, the absence of private witnesses and the failure to conduct mandatory videography during the recovery process cast doubt over the prosecution's claims. Justice Deshwal noted that such procedural non-compliance eroded the credibility of the prosecution's case.
The court underscored the importance of Section 105 of the BNSS, which mandates recording the process of search and seizure through audio-video electronic means, including the use of the E-Sakshya app, to ensure transparency and prevent false recoveries. The police's failure to adhere to these requirements was deemed arbitrary and negligent.
Recognizing the need for procedural adherence, the court directed the Director General of Police (DGP) to issue a Standard Operating Procedure (SOP) to ensure strict compliance with these provisions. The SOP is intended to guide law enforcement in conducting and documenting searches and seizures effectively, including potential disciplinary actions for non-compliance.
The judgment also reflected on the broader implications of such procedural safeguards, noting their importance in maintaining the integrity of the judicial process and protecting innocent individuals from false implications. The court's decision aligns with the Supreme Court's stance in the case of Kapil Wadhawan v. Central Bureau of Investigation, emphasizing the need for fair trials and adherence to procedural mandates.
Shadab's bail was granted on the grounds of parity with co-accused who had already been released, and considering the absence of a need for custodial interrogation. The court imposed several conditions on Shadab, including non-interference with witnesses, cooperation with the trial, and abstaining from criminal activities.
The decision mandates the use of technology in modern policing, reflecting a shift towards transparency and accountability. It underscores the judiciary's role in ensuring that law enforcement agencies adhere to legal mandates, thereby safeguarding citizens' rights.
Bottom Line:
Bail application under Sections 305(2), 317(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) emphasizing the mandatory requirement of videography during recovery and seizure as per Section 105 BNSS and Rule 18 of Uttar Pradesh Bharatiya Nagarik Suraksha Rules, 2024.
Statutory provision(s): Sections 305(2), 317(2) of Bharatiya Nagarik Suraksha Sanhita, 2023; Section 105 of Bharatiya Nagarik Suraksha Sanhita, 2023; Rule 18 of Uttar Pradesh Bharatiya Nagarik Suraksha Rules, 2024.
Shadab v. State of U.P., (Allahabad) : Law Finder Doc Id # 2833660
