Court Highlights the Need for Compliance with Audio-Video Recording of Search and Seizure as per Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant decision, the Allahabad High Court has granted interim anticipatory bail to Naseeb Ahmad and three others, who were implicated in a case under the U.P. Prevention of Cow Slaughter Act, 2026. The decision was delivered by Justice Rajeev Bharti on August 10, 2026, in response to a Criminal Miscellaneous Anticipatory Bail Application.
The applicants were not named in the original FIR but were implicated through statements made by co-accused individuals. Notably, a co-accused, Salman, had already been granted interim anticipatory bail by the court in a previous order dated May 26, 2026.
The court took into account several factors before granting the bail, including the absence of any prior criminal history of the applicants, their commitment to cooperate with the ongoing investigation, and the precedent set by the co-accused's bail. The decision is also influenced by the applicants’ undertaking to cooperate with the authorities.
A crucial aspect of the judgment was the emphasis on compliance with Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which mandates audio-video recording of search and seizure operations. The court expressed its inability to comprehend why the implementation of such a straightforward requirement poses a challenge for the police authorities, especially in an era where technology is so advanced.
Justice Bharti directed that the applicants be released on interim anticipatory bail until the next date of listing or the submission of the charge sheet, whichever is earlier. The applicants are required to furnish a personal bond and two sureties of like amount. The court also imposed conditions on the applicants, mandating them to report to the investigating officer within seven days and prohibiting them from leaving India without prior court permission.
The court has scheduled the matter for listing after four weeks, allowing for further affidavits to be filed. This decision underscores the judiciary's role in ensuring procedural safeguards while balancing the rights of the accused with the integrity of the investigation.
Bottom Line :
Compliance with Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandating audio-video recording of search and seizure operations and submission of the seizure list to the Magistrate, should not be seen as a complex or burdensome process in the current technological age.
Statutory provision(s): Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438 of the Criminal Procedure Code, 1973, Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act
Naseeb Ahmad v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2966457
