Court Directs Release of Durgesh Yadav, Censures Law Enforcement for Ignoring Judicial Protocols
In a significant judgment, the Allahabad High Court has ruled in favor of appellant Durgesh Yadav, directing his release on bail while criticizing the police for arresting him without following judicial protocols. The court emphasized that an interim bail granted to an accused cannot be nullified automatically by the addition or amendment of sections in the case unless the investigating agency seeks court permission or files an application for the cancellation of bail.
Justice Samit Gopal, presiding over the case, heard the appeal against the order of the Special Judge (SC/ST Act), Azamgarh, which had denied bail to Durgesh Yadav. The case, registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, and the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, involved allegations of assault and caste-based abuses by Yadav against the complainant's husband.
The appellant's counsel argued that despite being on interim bail, Yadav was apprehended by the police without any specific court order, violating established legal principles. The court observed that the police should have informed the court about the amended sections and awaited a specific order before arresting Yadav. Citing precedents from the Supreme Court, the judgment reiterated that such arrests without informing the court are impermissible.
The court ordered Yadav's release on bail, subject to conditions such as not tampering with evidence or harassing the victim, and mandated that he attend all court proceedings. The judgment also called for an inquiry into the conduct of the arresting officer by the Senior Superintendent of Police, Azamgarh, emphasizing the need for accountability in law enforcement procedures.
This ruling underscores the judiciary's commitment to upholding the rule of law and ensuring that law enforcement agencies adhere to legal protocols, especially in cases involving interim bail.
Bottom Line :
Interim bail granted to an accused cannot be automatically nullified upon the addition or amendment of sections in the case. The investigating agency must seek permission from the court or file an application for cancellation of bail before proceeding with an arrest.
Statutory provision(s):
Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(1)(dha), 3(1)(da), 3(2)(v); Bharatiya Nyaya Sanhita, 2023, Sections 115(2), 352, 351(3), 117(2), 109
Durgesh Yadav v. State of U.P., (Allahabad) : Law Finder Doc id # 2966462
