Neutral Citation No. - 2025:AHC:35064-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 19656 of 2024 Petitioner :- Suchita Pundhir And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Braj Mohan Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A.-I for the respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report No.0073 of 2024, under Sections 506, 406, 504, 307, 323, 498A IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Aligarh. 3. While entertaining the instant writ petition, the Co-ordinate Bench of this Court has referred the matter to the Mediation Centre of this Court. In response thereof, the Registrar AHCMCC has submitted a report on 17.12.2024 with caption "Mediation Completed. No agreement." 4. Today, when the matter is taken up Sri G.P.Singh, learned AGA- I states that during the investigation, Section 307 has also been deleted in the instant case. 5. Considering the facts and circumstances, we are not inclined to keep the matter pending consideration. However, as all alleged offences are punishable with imprisonment of seven years, therefore, the investigating agencies and their officers are duty bound to comply with the mandate of Section 41(1)(b) and Section 41-A of Cr.PC/Section 35 (3) to 35 (7) of Bhartiya Nagrika Suraksha Sanhita, 2023 of the Code and the directions issued in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action. The principle that bail is the rule and jail is the exception has been well recognised through the repetitive pronouncements of the Apex Court, which is on the touchstone of Article 21 of the Constitution of India (Ref. Nikesh Tarachand Shah v. Union of India, (2018) 11 SCC 1. This provision mandates the police officer to record his reasons in writing while making the arrest. Thus, a police officer is duty-bound to record the reasons for arrest in writing. The consequence of non-compliance with Section 41 shall certainly inure to the benefit of the person suspected of the offence. On the scope and objective of Section 41(1)(b) and Section 41-A of Cr.PC/Section 35 (3) to 35 (7) of Bhartiya Nagrika Suraksha Sanhita, 2023, it is obvious that they are facets of Article 21 of the Constitution. The same has been elaborately dealt with in paragraphs 7.1 to 12 of the judgment in Arnesh Kumar's case (supra). 6. Accordingly, the instant petition stands disposed of in view of the judgments in Arnesh Kumar (supra). (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 10.3.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad