The Allahabad High Court has held that police cannot unlawfully detain an innocent family member to put pressure on an accused person to surrender. A Division Bench of Justice Atul Sreedharan and Justice Divesh Chandra Samant awarded ₹40,000 compensation to Arvind Kumar Yadav after finding that he was kept in unlawful police custody at George Town Police Station, Prayagraj, for at least four days.
Background
The case arose from FIR Crime No. 104 of 2026 registered at George Town Police Station against the petitioner’s brother, Suresh Kumar. The FIR initially invoked several provisions of the Bharatiya Nyaya Sanhita and Section 109 was later added during investigation. The Court recorded that Suresh Kumar had subsequently been granted anticipatory bail.
According to the petitioner’s case, police took him from his house in Jaunpur on June 23, 2026 and brought him to George Town Police Station. He was released at about 7 pm on June 26. The Investigating Officer, Ashvani Savita, told the Court that he and other police personnel had picked him up on the instructions of SHO Yogendra Kumar Singh for interrogation in connection with the case.
The Court examined the petitioner’s call detail records and CCTV footage. The CDR showed his location at George Town at 7:56 am on June 23, while CCTV footage confirmed his presence at the police station from June 23 to June 25. The Court also noted that the petitioner’s mobile phone remained switched off from June 23 until June 27.
The Bench concluded that the petitioner had remained in unlawful police custody for at least four days and was therefore entitled to compensation.
The Court observed:
“The police cannot resort to pressure tactics to compel the actual offender to surrender before it by unlawfully detaining an innocent member of his family who has no connection with the alleged offence.”
The Bench further held that such conduct amounted to unlawful detention and that the affected person could be compensated for the unjust loss of liberty.
The High Court awarded ₹40,000 compensation to Arvind Kumar Yadav, directing the State to pay the amount and recover it from the salaries of the police personnel responsible for his illegal detention, in proportions determined by the State. The Court also directed that its displeasure regarding SHO Yogendra Kumar Singh and Investigating Officer Ashvani Savita be recorded in their respective service records.
The habeas corpus petition was accordingly disposed of.
Case Details
Case Title: Arvind Kumar Yadav (Corpus) and Another v. State of U.P. and 4 Others
Case Number: Habeas Corpus Writ Petition No. 906 of 2026
Judges: Justice Atul Sreedharan and Justice Divesh Chandra Samant
Decision Date: September 9, 2026
