Excelsior Correspondent
JAMMU, Feb 20: In a stern rebuke to police excesses, the Presiding Officer Fast Track Court Jammu Amarjeet Singh Langeh has pulled up the Gandhi Nagar Police for illegally arresting and detaining a citizen in a bailable and non-cognizable offence, terming the act a “travesty of justice” and a blatant violation of personal liberty.
Allowing the bail application of Rohit Bhagat, the court observed that the petitioner had been arrested on 16th February 2026 in connection with FIR No. 08/2026 under Section 238(b) of the Bharatiya Nyaya Sanhita-an offence which, under law, is both bailable and non-cognizable. The court noted that once an offence is bailable, the accused has an indefeasible and absolute right to bail, and the police are under a statutory obligation to inform him of this right and release him upon furnishing bonds.
The court found it “hard to fathom” how the petitioner was arrested without following the procedure established by law and was kept in custody for several days without being asked to furnish bail bonds. It held that the SHO concerned failed to discharge his legal duty, observing that law does not permit anyone to “play with the liberty of a citizen in a cavalier and casual manner.”
Taking serious note of the lapse, the court directed issuance of a show-cause notice to the SHO, Police Station Gandhi Nagar, Jammu, seeking an explanation as to why appropriate proceedings should not be initiated against him for causing the illegal arrest and continued detention of the petitioner.
The court further ordered that a copy of the order be sent to the Inspector General of Police, Jammu Zone, for information and necessary action, underscoring the gravity of the misconduct.
The petitioner was enlarged on bail on furnishing a bail bond and surety of Rs 10,000 each, subject to conditions including non-tampering with evidence, non-intimidation of witnesses and cooperation with the investigation. The court, however, clarified that the observations made in the order are confined to the bail proceedings and shall not influence the merits of the main case during trial.
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