The Allahabad High Court has ordered the immediate release of Deepak after holding that his detention was unlawful and his subsequent arrest failed judicial scrutiny due to serious procedural irregularities. The Division Bench of Justice Atul Sreedharan and Justice Achal Sachdev also directed that its displeasure with two police officers be recorded in their service books.
In its October 7, 2026 order, the Court found significant discrepancies in arrest documents and held that the mandatory safeguards under the Bharatiya Nagarik Suraksha Sanhita (BNSS), which governs criminal procedure, had not been followed.
Deepak filed Habeas Corpus Writ Petition No. 1328 of 2026, challenging his arrest in Crime No. 370 of 2026. The FIR was registered on August 23, 2026, under Sections 109(1), 190, 191(2), 191(3), 115(2), 352 and 351(3) of the Bharatiya Nyaya Sanhita.
According to the State, Deepak was initially taken into preventive custody on August 23 amid concerns about a breach of peace and was formally arrested in the criminal case on August 24. However, the Court found that several documents bore the investigating officer’s signature dated August 23, while other entries recorded the arrest date as August 24.
The Bench examined the original records and found repeated discrepancies in the arrest and personal-search documents. Investigating Officer Anuj Kumar described the incorrect dates as errors. The Court noted that the dates had not been corrected and authenticated in the manner it considered necessary.
The Court found defects in the preventive proceedings, noting that the Section 130 BNSS notice was issued in the name of ACP-I but signed by ACP-II, Kamlesh Kant. It was also served after custody began, while the bond documents left the bond amount blank.
The Bench held that Section 170 of the BNSS, which permits preventive arrest in specified circumstances, could not be invoked after the offence had already been committed.
Addressing the State’s argument concerning the tense situation on the ground, the Court observed:
“The situation on the ground does not absolve the police of errors committed by them in failing to proceed strictly in accordance with law. It is for the police to understand that all the provisions in the Cr.P.C./BNSS providing protection to a person sought to be detained arise from the constitutional protection guaranteed under Article 22(1)”
The Bench also expressed concern about the impact of unlawful detention on individual liberty, observing:
“The narrative of the facts herein reflects that the police are acting in a manner that demonstrates their lack of concern for the civil liberties of ordinary citizens and their propensity to make arrests without exploring the option of whether the case can proceed without such arrest or detention.”
The Court further noted that the records did not adequately establish that Deepak had been informed of his right to legal assistance at the time of arrest.
Allowing the petition, the High Court declared Deepak’s detention from August 23, 2026, unlawful and held that his subsequent arrest failed judicial scrutiny due to inadequate grounds and discrepancies in the records. It ordered his immediate release, if not wanted in another case, and directed that its displeasure with ACP Kamlesh Kant and Investigating Officer Anuj Kumar be recorded in their service books. Copies were also ordered to be sent to the UP DGP and the concerned Judicial Magistrate.
Case Title: Deepak v. State of U.P. and 3 Others
Case Number: Habeas Corpus Writ Petition No. 1328 of 2026
