Non-Supply Of Grounds Of Arrest Has Become Routine Practice: Allahabad High Court

The Allahabad High Court recently observed that it has become "routine practice" not to supply the grounds of arrest and not to prepare a disclosure memo at the police station, in compliance with the Supreme Court directives.Taking note of these violations, a bench of Justice Arun Kumar Singh Deshwal granted bail to a Murder Accused (Sandeep Baisoya) who has been in jail since January 13.Before the HC, the accused claimed that he was neither supplied with the grounds of arrest, nor was any disclosure memo (panchnama) prepared before proceeding to recover the country-made pistol, allegedly on his pointing. He also claimed parity with the co-accused, who had earlier been granted bail by a coordinate bench of the HC.During the hearing in the case, the AGA, appearing for the state, did not deny that the ground of arrest was not supplied to the applicant at any stage until the remand order was passed by the Magistrate. In fact, the State's affidavit was also silent on whether the disclosure memo was prepared at the police station before proceeding with the recovery, as required by the Apex Court in Subramanya Vs State of Karnataka, 2022 LiveLaw (SC) 887.Considering the state's affidavit, the bench stressed that it is mandatory for the police to prepare a Panchnama (disclosure memo), duly signed by the accused, at the police station before proceeding with recovery. Regarding the non-supply of grounds of arrest, the bench took note of the Apex Court's judgment in Vihan Kumar vs State of Haryana and another 2025 LiveLaw (SC) 169, wherein it was held that grounds of arrest must be given in writing to the accused at the time of arrest or at least two hours prior to the order of remand.The Court further noted that it is also mandatory for the Judicial Magistrate, before granting remand, to ascertain whether compliance with Article 22(1) of the Constitution of India has been madeAgainst this backdrop, the Court noted the "routine practice" of failing to supply the ground of arrest and to prepare a disclosure memo at the police station.The bench thus directed the Commissioner of Police, Ghaziabad, to look into this issue and issue appropriate directions to his subordinate police officers.Apart from that, the bench also found fault with the remand order, which it said was "nothing but a printed proforma" which was subsequently filled up and signed by the CJM, Ghaziabad.Taking exception to the same, the bench observed thus:"This is not only non application of judicial mind by the C.J.M., Ghaziabad but also clear violation of the direction of the Hon'ble Apex Court in the case of Vihaan Kumar, therefore, this Court also directs C.J.M., Ghaziabad to be more careful in future taking into account his period of service."On the merits of the case, considering the procedural flaws in the matter and taking note of the co-accused, who had been granted bail, the bench allowed the bail petition.Case title - Sandeep Baisoya vs State of UP 2026 LiveLaw (AB) 309Case Citation: 2026 LiveLaw (AB) 309Click here To Read/Download Order

Non-Supply Of Grounds Of Arrest Has Become Routine Practice: Allahabad High Court

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