A man wrongfully kept in police detention for five days has been granted ₹1.25 lakh by the Allahabad High Court, which condemned the Investigating Officer’s blatant misuse of authority in a case found to involve a “fabricated arrest”. The ruling, delivered by a bench of Justices Atul Sreedharan and Achal Sachdev, underscores the necessity for law enforcement to strictly adhere to legal protocols.
## Unlawful Detention Confirmed
The incident began with an FIR lodged on July 18, 2026, at Salempur Police Station, Deoria. The complainant—mother of petitioner number three—claimed that her 18-year-old daughter had been abducted by a man identified as Chandan Rajbhar.
Contrary to the complaint’s narrative, petitioners stated that Rajbhar and the woman married in a Durga temple in Siwan, Bihar, then relocated to Pune. On the nights of August 24–25, police officers and the woman’s father allegedly entered their matrimonial home in Pune, and later took both into custody.
Rajbhar contended that he was held from August 28 to September 2, 2026, without formal arrest or due process. His arrest memo, he claimed, was only drawn up on September 2.
## Validation Through Inquiry
After the High Court’s directive on October 9, police submitted CCTV footage from August 27 to September 2. While the judges did not review these recordings, an inquiry report submitted on October 21 by Circle Officer Rajesh Chaturvedi—addressed to the Superintendent of Police, Deoria—confirmed Rajbhar’s claims: he was indeed detained unlawfully for five days; his arrest was fabricated on September 2.
The report held Investigating Officer Deep Narayan Yadav responsible, concluding that he acted “negligently,” violating legal duty and displaying “gross dereliction.” Subsequent departmental proceedings were initiated against him.
## Court’s Strong Criticism and Ruling
The bench applauded the honesty shown by the Circle Officer and the Superintendent of Police for revealing the truth and initiating disciplinary action.
In its findings, the Court highlighted how the IO held Rajbhar for a full five days without following the constitutional procedure, calling this conduct an example of “arrogance of authority.” The court stressed that such misuse of power appeared routine for the officer.
## Compensation Awarded
The High Court granted ₹1,25,000 as compensation to Rajbhar, calculating ₹25,000 for each day of illegal detention. It also clarified that this award does not prevent Rajbhar from seeking further damages through a tort suit against the police department.
State authorities were instructed to recover the sum from those found culpable in the inquiry. If desired, the State may effect such recovery directly.
On the habeas corpus petition filed by Gyanti Devi and two others, the Court ordered Rajbhar’s release immediately, unless there are other valid charges.
## Observations & Legal Implications
– The High Court made clear that its observations in the habeas corpus proceedings have no bearing on the criminal case against Rajbhar, which must be decided solely on admissible evidence.
– It instructed that the service records of Circle Officer Rajesh Chaturvedi and SP Abhijeet R. Shankar should reflect appreciation for their candour and disclosure of the IO’s actions.
– Regarding accountability, the IO faces the full range of negative consequences in departmental inquiry if found guilty.
This verdict reaffirms that due process cannot be compromised, even in matters of custody and arrest. The Court’s stance emphasizes protecting individuals from arbitrary detention and ensuring law enforcement operates under established legal standards.
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