Irrational and indiscriminate arrests are gross violation of human rights, arrest should be the last option for the police

Irrational and indiscriminate arrests are gross violation of human rights, arrest should be the last option for the police

Sachin Saini Vs State Of UP And 2 Others

Allahabad HC

06/01/2021

Criminal Misc Anticipatory Bail Application U/S 438 CR.P.C. No. - 9391 of 2020

About/from the judgment:

The High Court observed that after the lodging of FIR, the arrest can be made by the police at will and that there is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged.

The Court however, noted that 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."

The matter before the Court

The Bench was hearing an anticipatory bail plea filed on behalf of the applicant, one Sachin Saini, in connection with a case registered under Section-452, 323, 504, 506 IPC.

The applicant's Counsel submitted before the Court that earlier, applicant's father had lodged an FIR against the son of the informant on 24th August 2020 under Sections 147, 148, 323, 504, 506 I.P.C.

It was contended that by way of counter blast, the FIR in the instant matter had been lodged on 20th September 2020 implicating the applicant in the case falsely.

It was also argued that the allegations are absolutely incorrect and no injury was suffered. The applicant expressed his apprehension that he may be arrested by the police any time.

Court's Order

After considering the submissions, the Court concluded that there was a case registered/about to be registered against the applicant.

Importantly, the Court said,

"In the case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349 the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief sources of corruption in the police."

The Court further said,

"The report suggested that, by and large, 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."

Underlining that irrational and indiscriminate arrests are gross violation of human rights, the Court remarked,

"Personal liberty is a very precious fundamental rights 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, the Court directed that the applicant involved in the instant crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court.

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