Bail must be granted if the arrest is found illegal - Vihaan Kumar Vs State of Haryana-2025-Supreme Court
The police have to inform the accused in writing about the grounds of arrest and illegal and arbitral arrest and detention leading to the grant of bail forthwith. SC- Vihaan Kumar Vs State of Haryana – SLP No. 1332 of 2025 decide in 2025.
01. The Arresting officer must comply with the provision of section 47 of BNSS-2023. A notice must be issued u/s 35(3) of BNSS-2023 if the offense labeled having punishment is not more than seven years. The notice must be issued within 2 weeks.
02. Article 22(1) of the constitution of India mandates for the same. the police must appreciate the statement u/s 189 of BNSS-2023 as to compliance of the principles of natural justice.
03. A checklist u/s 35(1)(b) of BNSS-2023 must be prepared by the arresting officer as to the FITTA-test. if the accused person passes the FITTA test, then bail must be granted. Bail order must be backed by reason considering vital aspects – SC -Rohit Bishnoi Vs State of Rajasthan, Crl. Appeal No. 2078 – 2080 of 2023.
04. The Judicial magistrate must pursue the report submitted by the police before authorizing the accused in judicial custody by applying his mind.
05. That, authorizing detention without recording the reason by judicial magistrate shall be liable for the departmental inquiry.
06. That, no training ever given to the police officers running the police station.
07. That, the guidelines issued in the case of Arnesh Kumar Vs State of Bihar, Crl. Appeal No. 1277 0f 2014 must be followed
08. That, the guidelines issued in the case of Dilip Kumar Bashu Vs State of West Bengal , 1997 , decide din 2015 must be followed.
09. That, if te arrest violated the provision of section 62 of BNSS-2023 then it will be declared illegal.
10. That, the magistrates and the trial courts are the first line of protectors of fundamental rights – SC – In Krishna Lal Chawla Vs State of UP. Crl.Appeal No.283 of 2021
11. That Dr. Rini Johar was awarded a compensation of Rs.5.00 lakh for the illegal arrest in 2015.
12. That, the arrest must not be a punitive tool and for the purpose of the harassment of citizens. – SC- Momammed Zubair Vs State of NCT Delhi, W.P Crl. 279 of 2022
13. That, violator policemen will be subject to the departmental inquory and contempt of court.
14. That unreasoned order Granting/Rejecting Bail raised a presumption of non-application of judicial mind – Mahipal Vs Rajesh Kumar & Anr. Crl Appeal No.1834 of 2019
15. That The bail courts ought to have granted the bail as a matter of course and same must not be rejected mechanically as the same will rub the salt on the wound of the accused – Md. Asfak Alam Vs State of Jharkhand Crl. Appeal No. 2207 of 2023.
15. That, not allowing the family members and lawyers to meet with the accused violated the constitutional provision crafted in the Article 20.
MODUS OPERADI OF POLICE
01. That, the Police is putting false charges so that the provision of section 35(3) can be avoided, and the accused should be granted bail from the police station.
02. That the police is detaining the accused in the police station illegally and arbitrarily longer than 24 hours but not arresting him on record.
03. That, the police is compelling the accused to confess the crime violating the constitutional provision crafted in the Article 20(3).
04. That, the SDPO, SP, DM and other senior officers are not inspecting the police stations as per the State Police PMRs.
05. That, no training ever given to the police officers who are running the police station
06. That, the police is calling the accused to the police station on telephone which is illegal as per the Satender Kumar Antil’s guidelines
07. That, the police is abducting the accused from his house which is illegal as per the Satender Kumar Antil’s guidelines
08. that, the police is not allowing family members and lawyers to meet witht he accused in the police station
The blogger is a Legal Practitioner.