The Allahabad High Court has granted immediate relief to a Tripura-based accused arrested in an alleged investment fraud case, staying his arrest until the next date of hearing, i.e., 8 December 2025. All facts related to the matter indicate that from the initial FIR to the arrest, transit remand, and later bail, the entire process was marred by extensive procedural irregularities. Due to alleged police harassment, the petitioner filed a writ petition before the High Court through midnight e-filing. Upon this, the Court, showing extraordinary promptness, granted him immediate protection.
The petitioner’s advocates, Atul Sharma and Tanishk Goyal, argued that the offences alleged carry a punishment of less than seven years. Yet, no notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was issued before the arrest, which is mandatory. Considering the matter, the Court found that the petitioner against whom FIR under Sections 316(2) and 318(4) of the BNS, 2023, at Police Station Mahuli, Sant Kabir Nagar, was registered and arrested in Agartala and produced before the Chief Judicial Magistrate, who granted five days’ transit bail, which was to expire on 26 November 2025. The Agartala Magistrate’s order made no mention of the mandatory notice under Section 35 BNSS, which constitutes a serious judicial lapse and resulted in the petitioner being subjected to police harassment.
Accordingly, the Division Bench of Justice Siddharth Varma and Justice Achal Sachdev, after hearing the arguments of the petitioner’s counsel, accepted the writ petition of Sanjay Kumar Das and stayed his arrest. The order was passed within just a few hours of the filing of the petition, and the Court also directed the AGA to furnish complete information regarding the service of notice under Section 35 BNSS before the next date of hearing.
Case: Sanjay Kumar Das vs State of U.P. And 2 Others
