In a significant ruling on Tuesday, the Allahabad High Court emphasized that irrational and indiscriminate arrests constitute a gross violation of human rights. This pronouncement came as the court accepted an anticipatory bail plea in a corruption case, underscoring that arrests should be a last resort for the police and should only occur in exceptional circumstances.

Case Background

Justice Siddharth made these observations on May 28 while hearing the anticipatory bail application filed by Jugendra Singh, a police constable. Singh faced allegations of taking bribes from passing trucks, leading to an FIR against him under sections 7 and 13 of the Prevention of Corruption Act, 1988.

Singh’s counsel argued that no forensic report or recovery had been made from the applicant, and the investigation was still ongoing. The counsel further asserted that Singh had a legitimate fear of imminent arrest by the police.

Court’s Observations

The court highlighted the problematic nature of arbitrary arrests, stating, “After the lodging of an FIR, the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. Irrational and indiscriminate arrests are gross violations of human rights.”

The court granted anticipatory bail to Jugendra Singh, noting that arrest should be avoided unless absolutely necessary. “The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to exceptional cases where arresting the accused is either imperative or their custodial interrogation is required,” Justice Siddharth stated.

Bail Conditions

In its order, the court specified that in the event of Singh’s arrest, he should be released on anticipatory bail until the court takes cognizance of the police report, if any, under section 173 (2) of the CrPC. Singh is required to furnish a personal bond of Rs 50,000 with two sureties of the same amount to the satisfaction of the Station House Officer or the concerned court.

The court also imposed conditions on Singh, including making himself available for police interrogation as required, and not making any inducements, threats, or promises to dissuade any person acquainted with the case facts from disclosing those facts to the court or police.

Legal Implications

This ruling reinforces the judicial stance that arrests should be carried out judiciously and only when absolutely necessary. The decision also serves as a reminder to law enforcement agencies about the importance of respecting human rights and following due process.

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