The Allahabad High Court has ruled that police cannot unlawfully detain an innocent family member of an accused to pressure the accused into surrendering. The court awarded ₹40,000 compensation to Arvind Kumar Yadav after finding that he was kept in unlawful custody at George Town Police Station in Prayagraj for at least four days.
A Division Bench of Justice Atul Sreedharan and Justice Divesh Chandra Samant heard the habeas corpus petition filed on behalf of Yadav. The court said that unlawful detention deprives a person of liberty and can make the authorities liable to pay compensation.
Why Was Arvind Kumar Yadav Detained?
The case arose from an FIR registered at George Town Police Station against Yadav’s brother, Suresh Kumar. The FIR initially invoked several provisions of the Bharatiya Nyaya Sanhita (BNS), with Section 109 later added during the investigation. Suresh Kumar was subsequently granted anticipatory bail.
According to the petition, police took Arvind Kumar Yadav from his home in Jaunpur on June 23, 2026, and brought him to George Town Police Station. He was released around 7 pm on June 26.
The investigating officer told the court that police personnel had taken Yadav to the station for questioning on the directions of SHO Yogendra Kumar Singh.
CDR and CCTV Evidence Examined
The High Court examined Yadav’s call detail records (CDR) and CCTV footage as part of its assessment.
The CDR showed his location in George Town, Prayagraj, at around 7:56 am on June 23. His phone was switched off later that day and remained switched off until June 27.
CCTV footage also showed Yadav at the police station from June 23 to June 25. The court noted that the state did not dispute that he remained at the police station until his release on June 26.
Based on the material before it, the bench concluded that Yadav had remained in unlawful police custody for at least four days.
Court Orders ₹40,000 Compensation
The High Court directed the Uttar Pradesh government to pay ₹40,000 compensation to Yadav for the wrongful deprivation of his liberty.
The court further ordered that the amount be recovered from the salaries of the police personnel responsible for the detention, in proportions to be determined by the state.
The court also directed that its displeasure regarding SHO Yogendra Kumar Singh and investigating officer Ashvani Savita be recorded in their respective service records.
High Court Warns Against Pressure Tactics
The bench made it clear that police cannot use an innocent relative as leverage to make an accused surrender. The court observed that detaining a family member who has no connection with the alleged offence amounts to unlawful deprivation of liberty.
The court said such detention can make the affected person eligible for compensation for the loss of liberty, even when the detention is temporary.
The habeas corpus petition was subsequently disposed of.
5 Key Takeaways
- Allahabad High Court ruled against the unlawful detention of an accused person’s innocent family member.
- Arvind Kumar Yadav was found to have been unlawfully detained for at least four days.
- The court awarded him ₹40,000 compensation.
- The compensation is to be recovered from the salaries of responsible police personnel.
- The court ordered its displeasure against two police officers to be recorded in their service records.
