Disposed

Aslam v. State of U.P. and 2 Others

Allahabad HC19 Jun 2025CRLP/12540/2025

Case brief

AI extract

What is this about?

Writ petition alleging unlawful arrest for non-recording of Article 22(1) compliance and blank grounds of arrest in the arrest memo. Court granted four weeks to the State to file a counter affidavit and enlarged the petitioner on interim bail with conditions.

What did the court decide?

Petitioner enlarged on interim bail on personal bond of Rs.50,000 and two sureties in like amount; State granted four weeks to file counter affidavit.

Aslam vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2025)

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Court No. - 64

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12540 of 2025

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Petitioner :- Aslam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J. Hon'ble Harvir Singh,J.

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1.Supplementary affidavit filed today is taken on record.

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Connect with Crl. Misc. Writ Petition No.10563 of 2025.

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Heard learned counsel for the petitioner and learned A.G.A. for the Staterespondent and perused the material available on record.

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Learned counsel for the petitioner submits that the Chief Judicial Magistrate, while granting remand of the petitioner to judicial custody, failed to record any satisfaction regarding the due compliance of Article 22(1) of the Constitution of India, 1950, thereby making the petitioner's arrest unlawful, as per the dictum laid down in the case of Vihaan Kumar Vs. State of Haryana, 2025 SCC Online SC 269:-

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"20 When an arrested person is produced before a judicial Magistrate for remand, it is the duty of the Magistrate to ascertain whether compliance with Article 22(1) has been made. The reason is that due to non-compliance, the arrest is rendered illegal; therefore, the arrest cannot be remanded after the arrest is rendered illegal. It is the obligation of all the Courts to uphold the fundamental rights."

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Learned counsel for the petitioner further submits that petitioner was not informed of the grounds of arrest, either orally or in writing. This is further evident by the fact that even the 'reason for arrest' column in the arrest memo has been left blank, suggesting procedural non-compliance. Therefore, the arrest of the petitioner is rendered illegal on account of the failure to communicate the grounds of arrest to the appellant as mandated by Article 22(1) of the Constitution read with Section 47 B.N.S.S.

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Learned counsel for the petitioner finally submits that by failing to inform the petitioner of the grounds of arrest, the prosecution has violated the constitutional mandate enshrined under Article 22 of the Constitution of India, 1950.

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Learned A.G.A. has not been able to reply to the aforesaid averments made in the writ petition. He prays for and is granted four weeks' time to file counter affidavit.

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Matter requires consideration.

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Till the next date of listing, the petitioner shall be enlarged on interim bail

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by the CJM, concerned in Case Crime No.0115 of 2025, Under Section 109, 191(2) 191(3), 190, 110, 115, 351(2), 351(3), 3(5) and 352 B.N.S, 2023 and 7 Criminal Law Amendment Act and 3/25/27 Arms Act, Police Station Falawada, District Meerut on furnishing a personal bond of sum of Rs.50,000/- (Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 19.6.2025 SS

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Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad

Aslam v. State of U.P. and 2 Others

Case brief

What is this about?

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Aslam v. State of U.P. and 2 Others

Case brief

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