In accepting an anticipatory bail plea in a corruption case, the Allahabad high court said on Tuesday that irrational, indiscriminate arrests are a gross violation of human rights.
The courts have repeatedly ruled that arrest should be the police’s last resort, and that it should only be used in exceptional cases where arresting the accused is either mandatory or custodial interrogation is required.
“In the event of arrest, the applicant shall be released on anticipatory bail until the court takes cognizance of the police report, if any, under section 173 (2) CrPC before the competent court on furnishing a personal bond of Rs 50,000/- with two sureties each in the same amount to the satisfaction of the Station House Officer of the police station/court concerned,” it stated.
Justice Siddharth made the remarks on May 28, while hearing an anticipatory bail application filed by Jugendra Singh, a police constable. The applicant was accused of stealing money from passing trucks, and a FIR was filed against him under Section 7/13 of the Prevention of Corruption Act, 1988.
Lawcutor 