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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SAURABH LAVANIA
Sunil Kumar Shukla – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
SAURABH LAVANIA, J.
1. Supplementary affidavit filed by the learned counsel for the applicant and short counter affidavit filed by the State in the Court today are taken on record.
2. Heard Sri Prashant Tiwari, Advocate holding brief of Sri Hariom Divedi, the learned counsel for the applicant and Dr. V.K. Singh, learned Government Advocate, who appeared alongwith Sri Badrul Hasan, the learned AGA, Sri S.P. Tiwari, the learned AGA & Sri Amitabh Chaturvedi, the learned AGA, as well as perused the record.
3. The present application has been filed on behalf of the applicant seeking bail in Case Crime/FIR No. 607 of 2022, under Sections- 302, 323, 34, 504 IPC, Police Station- Ramkote, District- Sitapur.
4. The instant application has been filed by the applicant on the sole ground to the effect that the reasons of arrest were not communicated in writing to the applicant, as required under Article 22(1) of the Constitution of India and also statutory provision i.e. Section 50 of Cr.P.C.
5. This Court considered the facts of the case, as brought to the notice of this Court by the parties' counsel, which includes the following:-
(i) The FIR in issue i.e. FIR No. 0607 of 2022 was lodged
Absence of written grounds of arrest does not mandate bail absent prejudice; substantial compliance via awareness suffices in serious offences, especially pre-'henceforth' rulings.
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
The failure to communicate grounds of arrest constitutes a violation of constitutional rights under Articles 21 and 22(1), rendering the arrest illegal and necessitating bail even amidst statutory re....
The constitutional requirement of communicating grounds of arrest is essential, and failure to do so renders the arrest and subsequent remand illegal.
The right to be informed of the grounds of arrest is fundamental under Article 22(1), and failure to communicate such grounds renders the arrest and subsequent remand illegal.
The requirement to inform an arrested person of the grounds for their arrest, as mandated by Article 22(1) of the Constitution, is a mandatory condition that must be adhered to, failing which the arr....
The requirement to communicate grounds of arrest is mandatory and non-compliance may vitiate the legality of the arrest.
Grounds for arrest must adequately inform the arrestee of accusations to uphold constitutional protections against unlawful detention, ensuring compliance with Article 22(1).
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