High Court Expounds: Non-release of individual even after submission of personal bond a clear breach of Article 21 [Read Judgment]



 In a recent order, the Allahabad High Court recently took exception to the Police authorities failing to release an accused arrested on apprehensions of a breach of peace despite the submission of personal bond/bond and other papers.

The Court has held that “non release of the petitioners by the respondent (Police authorities) even after submission of personal bond/bond and other papers, is a clear breach of Article 21 of the Constitution of India.”

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Factual Background of the Case

There was some dispute relating to ancestral property between the petitioners and their family members. Some tiff arose between the petitioners and other family members regarding partition of ancestral land and in apprehension of breach of public peace, the police arrested the petitioners under Section 151 Cr.P.C.. A Challani Report dated 8.10.2020 was submitted by the Sub Inspector the Sub Divisional Magistra under Section 151/107/116 Cr.P.C.

The petitioners submitted personal bond and other papers but the respondent no.3 has not released them and instead, under the pretext of verification, directed the file to be placed on 21.10.2020.

Thereafter, on 21.10.2020 the petitioners were released. Aggrieved with the arbitrary and illegal action of the respondents and illegal detention.

Issue before the Court

Issue a writ, order or direction in the nature of mandamus directing the respondents to give compensation to the petitioners in lieu of illegal detention from 12.10.2020 to 21.10.2020 in connection with Case Crime No.624 of 2020, State vs. Shiv Kumar Verma and another, under Section 151, 107 and 116 Cr.P.C., Police Station Rohania, District Varanasi.”

Court Findings

The Court in its findings stated that the,

“From the facts briefly noted above and the counter affidavit of respondent no.1, it stands admitted that the police authorities are arbitrarily and illegally submitting Challani Reports under Sections 107/116 Cr.P.C.”

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Further, the court stated that the,

“It would further be relevant to note that admittedly the petitioners have submitted personal bond on 12.10.2020 although the order passed by the respondent no.3 dated 8.10.2020 does not specify the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties, if any, required. Despite submission of personal bond and other papers on 12.10.2020 by the petitioners before the respondent no.3, they were not released by the respondent no.3 and that too against its own order dated 8.10.2020 that the petitioners shall be detained till presentation of personal bond/bond. Non release of the petitioners by the respondent no.3 even after submission of personal bond/bond and other papers, is a clear breach of Article 21 of the Constitution of India, by the respondent no.3 which resulted in illegal detention of the petitioners at least since 12.10.2020 to 21.10.2020.”

“The facts, afore-noted, leave no room of doubt that the respondent no.3 has acted arbitrarily and not only failed to discharge his duty cast upon him under Section 107 and 111 Cr.P.C. but also committed breach of Article 14 and 21 of the Constitution of India.”

Further, The court put up the matter in the additional cause list on 3.3.2021 for further hearing.

Case Details

CRIMINAL MISC. WRIT PETITION No. – 16386 of 2020

Case Title: – Shiv Kumar Verma And Another Respondent v.State Of U.P. And 3 Others

Court: Allahabad High Court  

Coram: Justice Surya Prakash Kesarwani & Justice Hon’ble Shamim Ahmed,J

Pronounced on: 2.02.2021 


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