HC: Arrest should be the last option and should only be done in exceptional cases

Team SoOLEGAL 12 Jan 2021 3:26pm

HC: Arrest should be the last option and should only be done in exceptional cases

Allahabad High Court while hearing an anticipatory bail application was of the view that, the accused should be arrested by the police officials only when it is required the most and in cases where custodial interrogation is very much necessary. The Court was hearing an application of anticipatory bail pertaining to a case registered under Section 452, 323, 504 and 506 of Indian Penal Code 1860.

According to the petitioner, all the charges against him were false in nature and he also had no criminal record in past. The petitioner had filed the anticipatory bail application because he had thought that he would be arrested by the police officials at any time. The Court had referred to a case Joginder Kumar Vs. State of Uttar Pradesh[1], in which by referring to the third report of the National Police Commission, the Supreme Court had stated that, arrests made by the police officials in India are the major source of corruption in the police.

According to the report, approximately 60% of the arrests are being made unnecessarily and not in a justified manner. Personal liberty is a very precious human right that can be limited only when it becomes imperative.

The report had also stated that, no specific duration has been given within which the arrest should be made. The Allahabad High Court had stated that, arresting an accused must be the last option for the police officials and it should only be made in exceptional cases.

The Court had allowed the anticipatory bail application of the applicant and also directed the applicant to furnish a personal bond with two sureties to the satisfaction of the Trial Court concerned.  

Tagged: Allahabad High Court   anticipatory bail   Indian Penal Code   National Police Commission   Supreme Court   human right   Trial Court  
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