Failure to inform reason for arrest will be grounds for bail: Allahabad HC

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Failure to inform reason for arrest will be grounds for bail: Allahabad HC - Business Standard

Quick Summary:

Informing the reason for arrest is a mandatory requirement under Article 22(1) of the Constitution and its violation will be a ground to grant bail even if statutory restrictions on giving bail exist, the Allahabad High Court has ruled.

The requirement of informing the grounds of arrest is a mandatory requirement of Article 22(1) of the Constitution, it said, adding that it is the duty of the magistrate to ascertain its compliance and that of other mandatory safeguards.

In the significant verdict, the High Court has set aside a December 25 remand order of a magistrate in Rampur, observing that the grounds of the arrest of the petitioner were not furnished to him.