Police directed to compensate and record adverse remarks in service records for illegal detention of an innocent family member to pressure accused to surrender.
In a significant judgment, the Allahabad High Court has awarded compensation of Rs. 40,000 to Arvind Kumar Yadav, an innocent civilian who was unlawfully detained by the police. The judgment, delivered by Justices Atul Sreedharan and Divesh Chandra Samant, underscores the illegality of using coercive tactics to compel an accused to surrender.
The case emerged from the unlawful detention of Arvind Kumar Yadav, brother of the accused Suresh Kumar, who was involved in a criminal case registered under Crime No. 104/2026 at P.S. George Town, Prayagraj. Despite having no connection to the alleged crime, Yadav was forcibly taken from his home in Jaunpur on June 23, 2026, and detained until June 26, 2026, to pressure his brother to surrender.
During the proceedings, the court reviewed substantial evidence, including the Supurdginama, Call Detail Records (CDR), and CCTV footage, which corroborated Yadav’s illegal custody. The court noted that such detention was a violation of fundamental rights, as it deprived Yadav of his liberty without any legal justification.
In its judgment, the court castigated the police for their misconduct, stating that the detention was entirely unlawful. It emphasized that the police cannot resort to such measures against innocent family members to exert pressure on accused individuals. The court directed the state to recover the compensation from the salaries of the responsible police personnel, including SHO Yogendra Kumar Singh and Investigating Officer Ashvani Savita. Furthermore, adverse remarks were ordered to be recorded in their service records to reflect the court’s displeasure with their conduct.
This ruling reinforces the judiciary's commitment to safeguarding individual liberties and condemning any misuse of police power. The court's decision highlights the imperative of adhering to lawful procedures and protecting the rights of citizens, irrespective of their familial connections to accused individuals.
Bottom Line :
Habeas Corpus - Illegal detention by police of brother of accused to pressurise accused to surrender - Corpus kept in police station for four days without lawful authority - Compensation of Rs. 40,000 awarded by State with recovery from responsible police personnel - Adverse remarks directed to be recorded in service records.
Statutory provision(s): Article 226 of the Constitution of India, Bharatiya Nyaya Sanhita, 2023 Sections 126(2), 191(2), 352, 115(2), 75, and 109
Arvind Kumar Yadav (Corpus) v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2989438
