Jharkhand High Court Grants Interim Bail To Accused In Transit Remand After His Arrest By Jharkhand Police From U.P.
The Jharkhand High Court granted interim bail to an accused who was still in transit remand after he was arrested by the Jharkhand Police from Bareilly, Uttar Pradesh.
The Court was hearing a Writ Petition under Article 226 of the Constitution of India seeking to quash the ongoing criminal proceedings and challenge the issuance of a Non-Bailable Warrant of Arrest, while also requesting an order for the petitioner's immediate release.
The bench of Justice Sanjay Kumar Dwivedi observed, “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.”
Advocate Devesh Ajmani appeared for the Appellant and Sr. S.C Ashok Kumar Yadav appeared for the Appellant.
Brief Facts-
It is the case of the Counsel for the Petitioner that his client, only a commission agent with no other allegations against him, was arrested by Jharkhand Police. He noted that the petitioner had complied with a notice under Section 41-A of the Cr.P.C. and had made several appearances before the Investigating Officer, which were not recorded. Despite the compliance, a Non-Bailable Warrant of Arrest was issued without prior summons, leading to the arrest of the Petitioner.
The Court said that the High Court cannot be a mute spectator if the liberty of any person is taken away in an arbitrary manner. The Court mentioned the decision of the Supreme Court in Arnab Manoranjan Goswami Versus State of Maharashtra & Ors., reported in (2021) 2 SCC 427 and according to the Court, the SC has held that if the arbitrary case is made out and without following the procedure, any person is taken into custody, the High Court can exercise its jurisdiction under Article 226 of the Constitution of India.
The Court said that time and again the State was requested to make a policy of arrest and despite that this is not followed.
The Court released the Petitioner on interim bail while noting how Jharkhand Police arrested the Petitioner from Bareilly.
The Court listed the matter for August 13.
Cause Title: Anshul Gupta v. State of Jharkhand
Appearance:
Appellant: Adv. Devesh Ajmani
Respondent: Sr. SC Ashok Kumar Yadav and AC to Sr. SC Anish Kumar Mishra
Click here to read/download Judgment
