Neutral Citation No. - 2025:AHC:136219-DB Court No. - 45 Case :- HABEAS CORPUS WRIT PETITION No. - 681 of 2025 Petitioner :- Ayyub Malik And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. In pursuance to the previous order dated 6.8.2025 passed by this Court, the Corpus i.e., the petitioner no.2 Mohd.Alauddin, S/o Mohd.Ayyub Malik has been produced in the Court. The present petition for writ of Habeas Corpus on behalf of petitioner no. 2 has been filed by the father of the petitioner no.2 pleading that the petitioner no. 2 was illegally detained by the Station House Officer, Police Station Lisari Gate, Meerut on 26.7.2025 at 12.30 hrs. It has been pleaded that the petitioner is still in illegal detention of the respondents. It has been pleaded in the writ petition that the Corpus was arrested and detained in Case Crime No.391 of 2025 even though this Court, vide its order dated 9.7.2025, had granted anticipatory bail to the petitioner. The A.G.A has obtained instructions which have been handed over to the Court along with the necessary documents in support of the averments made in the instructions. It has been stated by the A.G.A., on the basis of his instructions, that, on 26.7.2025, the Corpus was called to the Police Station to record his statement after he had refused to receive the notice sent to him by the Police Officer. It has been stated that the notice was affixed on the residence of the Corpus. It has also been stated by the A.G.A. that the Corpus was subsequently allowed to go with the persons who had come to the police station as sureties of the corpus and a supurdaginama was also prepared in this respect. It has been stated by the A.G.A. that subsequently the Corpus was arrested on 29.7.2025 at 14:10 hrs. in Case Crime No.61 of 2025 registered under Sections 351, 352, 111, 318(4) BNS read with Section 66 D Information Technology Act and was produced before the Special Judge/Chief Judicial Magistrate on 30.7.2025 and is at present detained at District Jail on a remand order issued by the concerned Court. It has been argued that the Corpus is not in illegal detention and the petition for Habeas Corpus is not maintainable. It has been argued by the counsel for the petitioners that the Corpus was illegally detained on 26.7.2025 and the said fact would be evident from the supurdaginama allegedly prepared by the concerned police. A perusal of the record shows that the present Habeas Corpus Petition was presented before this Court on 1.8.2025. It is not disputed that on 29.7.2025, the petitioner was arrested in Case Crime No.61 of 2025 in which there was no order for anticipatory bail to the petitioner and by order dated 30.7.2025, the Corpus was taken in judicial custody. Since 30.7.2025, the Corpus is detained in District Jail, Meerut on the orders of a competent Court. The present detention of petitioner no.2, i.e., the Corpus is not illegal and was not illegal on the date the present petition was filed, i.e., 1.8.2025. Therefore, in light of the judgments of the Supreme Court in Kanu Sanyal versus Distt.Magistrate, (1974) 4 SCC 141; Dr.B.Ramchandra Rao versus State of Orissa (1972) 3 SCC 256; Ram Narayan Singh versus the State of Delhi and Others AIR 1953 SC 277 and A.K.Gopalan versus Government of India AIR 1966 SC 816, the present Habeas Corpus Petition is not maintainable and is liable to be dismissed. The petition is dismissed. The Corpus shall be sent back to the District Jail, Meerut in accordance with the order of the Magistrate. Order Date :- 12.8.2025 IB Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad