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The Allahabad High Court on 6th January 2021 regarding the matter of anticipatory bail of the applicant, Sachin Sahini observed while there is no definite period fixed for when police can arrest an accused, arrest should be the last resort taken by the police and only taken when custodial interrogation becomes imperative. The Bench of Justice Siddharth did so by quoting various statistics and citing the case of Joginder Kumar v. State of Uttar Pradesh, where the third report of National Police Commission was referred as it stated that, “arrests by the police in India is one of the chief sources of corruption in the police.”
The Court further observed while analysing the statistical data of the report that,
"The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails.”
The present matter was contended by the applicant’s legal counsel by arguing that the case registered is completely false and fabricated as a counter-response to the FIR that was lodged by the applicant’s father against the informant’s son. The applicant further expressed his anxieties about him being arrested at any time. The Court relying on the principle of protecting the liberty and dignity of the accused individual recognised that irrational and discriminatory arrests are violations of human rights, and therefore, directed that the applicant may be released on anticipatory bail after furnishing a personal bond with two sureties each for an amount that is to the satisfaction of the trial court. This reasoning of the court comes at an important time where significant tussle exists within the jurisprudence of bail. While bail is the rule, the rise in the hesitation of the courts to grant the same has led to the curtailment of personal liberty and other fundamental rights of various individuals.
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