High Court Grants Interim Bail To Accused In Transit Remand Arrested In Uttar Pradesh By Jharkhand Police

The Jharkhand High Court has granted interim bail to an accused who was in transit remand following an arrest by the Jharkhand Police in Bareilly, Uttar Pradesh. Justice Sanjay Kumar Dwivedi, who presided over the case, noted the circumstances of the arrest and determined that releasing the petitioner on interim bail was justifiable for the sake of justice. “The way, by which, the petitioner has been arrested by the Jharkhand Police from Barailley town of the State of Uttar Pradesh on 15.07.2024 at 08.30 P.M., for the ends of justice and desirable that the petitioner shall be released on interim bail. As such, the petitioner is directed to be released on interim bail, subject to executing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) to be executed before the Jail Superintendent, Jamshedpur. The petitioner is directed to co-operate in the investigation and shall not make any attempt to interfere with the ongoing investigation or with the witness,” Justice Dwivedi observed.The ruling came in response to a Writ Petition which sought to quash the ongoing criminal proceedings, challenge the issuance of a Non-Bailable Warrant of Arrest, and request the petitioner's immediate release.The petitioner's counsel argued that the petitioner, a commission agent, had complied with a notice under Section 41-A of the Cr.P.C., making several appearances before the Investigating Officer, which were not recorded. Despite this, a Non-Bailable Warrant of Arrest was issued without prior summons, leading to the petitioner's arrest.The Court said, “This is a petition under Article 226 of the Constitution of India and the liberty of the petitioner is at the stake and if a case is made out of interfering and brought into the knowledge of the High Court under Article 226 of the Constitution of India, the High Court cannot be a mute spectator, if such liberty of any person is taken away in an arbitrary manner.” The Court cited the the Supreme Court's decision in Arnab Manoranjan Goswami v. State of Maharashtra & Ors., reported in (2021) 2 SCC 427, whereby the Apex Court had ruled that if an arbitrary case is presented and someone is taken into custody without following due procedure, the High Court can exercise its jurisdiction under Article 226 of the Constitution.The Court emphasized that while the Criminal Procedure Code (Cr.P.C.) provides detailed procedures for arrest, if a case is brought to the High Court's attention under Article 226, the Court has a heightened responsibility to scrutinize the situation to ensure that no one's liberty is unduly compromised. It is the Constitutional Court's duty to safeguard personal liberty.The Court also noted that despite repeated directions from both the Supreme Court and this Court requesting the State to implement an arrest policy, such directives have not been followed.The Court instructed the Jail Superintendent and the Senior Superintendent of Police, Jamshedpur, to ensure compliance with the Order and scheduled the next hearing for August 13.Case Title: Anshul Gupta v. State of JharkhandClick Here To Read Order

High Court Grants Interim Bail To Accused In Transit Remand Arrested In Uttar Pradesh By Jharkhand Police

Bhavya Singh

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