No Arrest in UP Without Giving Reasons And Grounds: State Assures Allahabad High Court

The Uttar Pradesh government has assured the Allahabad High Court that no arrest would be made in the State without informing the accused of the reasons and grounds of arrest and that all arrests would strictly comply with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The assurance was given by Additional Advocate General Vinod Kumar Shahi before a division bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava during the hearing of a habeas corpus petition filed by Santosh Gupta through her nephew Nitin Gupta.

The State government further informed the court that, in light of the Supreme Court judgment in Mihir Rajesh Shah vs State of Maharashtra reported in 2026 (1) SCC 500, a letter dated April 29, 2026 had already been issued to the Additional Chief Secretary (Home) and the Director General of Police, Uttar Pradesh, directing strict compliance with the apex court’s directions governing arrests.

The high court was hearing a petition challenging the legality of the petitioner’s arrest, detention and remand in connection with Case Crime No. 317 of 2025 registered at Kotwali Nagar police station in Balrampur district under various provisions of the Bharatiya Nyaya Sanhita corresponding to offences of cheating, criminal breach of trust and forgery under the Indian Penal Code.

Senior Advocate Purnendu Chakravarty appeared for the petitioner, while the State was represented by the Additional Advocate General along with State law officers. Additional Director General (Crime), Uttar Pradesh, was also present before the court during the hearing.

The petitioner sought issuance of a writ of habeas corpus declaring the arrest and custody unconstitutional and illegal. The plea also sought quashing of the remand order dated April 10, 2026 passed by the Chief Judicial Magistrate, Balrampur.

During the hearing, both sides informed the bench that the issue was squarely covered by an earlier judgment of the high court in Manoj Kumar vs State of U.P. and Others.

Accepting the submission, the bench allowed the habeas corpus petition and declared the arrest of the petitioner illegal. The court also set aside the remand order passed by the Chief Judicial Magistrate, holding that the remand order was consequential to the illegal arrest and therefore unsustainable in law.

The bench directed that the petitioner be released forthwith, provided she was not wanted in any other criminal case. At the same time, the court clarified that the authorities would remain free to proceed against the petitioner in accordance with law.

Recording the State’s assurance, the court noted the submission that “a serious endeavour would be made to ensure that no such arrest is made in the State of Uttar Pradesh without giving the reasons and grounds for arrest to the person being arrested and that such arrest would be strictly in consonance with the provisions of the BNSS, 2023.”

Also Read| Informing grounds of arrest is mandatory, not a formality: SC

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Case Title: Santosh Gupta Thru. Her Nephew Nitin Gupta vs. State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. And Others

Order Date: May 4, 2026

Bench: Justice Abdul Moin and Justice Pramod Kumar Srivastava