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2026 DAILYLAW 1122 (ALL)

JASVEER KUMAR v. STATE OF U.P. AND 3 OTHERS

HABC/456/2026 · 2026-04-22

Siddharth, Vinai Kumar Dwivedi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 456 of 2026 Court No. - 44 HON'BLE SIDDHARTH, J. HON'BLE VINAI KUMAR DWIVEDI, J. 1. This petition has been filed praying for following reliefs: "i. To issue a writ, order or direction in the nature of Habeas Corpus directing the respondents herein to produce the corpus/petitioner while declaring the detention, arrest and subsequent remand and custody of the petitioner as unconstitutional, illegal and arbitrary and consequently directing the respondents to release the petitioner forthwith in respect of case crime no. 0130 of 2026 u/s 319(2), 318(4), 335, 337, 338 Bhartiya Nyaya Sahnita (B.N.S), 2023, Sections 65 and 66 Information Technology (Amendment), Act, 2008 and sections 36 and 42 Aadhar Card (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 P.S. Bahjoi, District Sambhal. ii. To issue an appropriate writ, order or direction, quashing and setting aside, the Remand Order dated 22.03.2026 passed by the learned Remand Magistrate, District Sambhal in case crime no. 0130 of 2026 u/s 319(2), 318(4), 335, 337, 338 Bhartiya Nyaya Sahnita (B.N.S), 2023, Sections 65 and 66 Information Technology (Amendment), Act, 2008 and sections 36 and 42 Aadhar Card (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 P.S. Bahjoi, District Sambhal." 2. Heard Sri Mohit Singh, learned counsel for the petitioner and learned AGA for the State respondents and perused the writ petition and the annexures therewith. 3. Sri Mohit Singh, learned counsel for the petitioner points out that no good ground of arrest has been mentioned in the arrest memo of the petitioner. Even otherwise, the old proforma has been used by the Investing Officer. Further the remand order dated 22.03.2026 has been passed on a printed Versus Counsel for Petitioner(s) : Dileep Kumar Shukla, Mohit Singh, Ravi Kumar Singh Counsel for Respondent(s) : G.A. Jasveer Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) proforma, which shows non-application of mind in view of the judgment of this Court in the case of Umang Rastogi and another Vs. State of U.P. and others passed in Habeas Corpus Writ Petition No. 35 of 2026 and judgment of Lucknow Bench of this Court in Application under Section 482 No. 3963 of 2022 Sangam Lal Vs. State of U.P. and Others. 4. Learned AGA has opposed the submission but could not dispute the aforesaid fact. 5. In view of the above, the impugned order of arrest, detention and remand of the petitioner are held to be illegal. The remand order dated 22.03.2026 passed by the learned Remand Magistrate, District Sambhal in Case Crime No. 0130 of 2026 u/s 319(2), 318(4), 335, 337, 338 Bhartiya Nyaya Sahnita (B.N.S), 2023, Sections 65 and 66 Information Technology (Amendment), Act, 2008 and sections 36 and 42 Aadhar Card (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 P.S. Bahjoi, District Sambhal is hereby quashed. The arrest and detention of the petitioner is held to be illegal. He is directed to be released forthwith without waiting for supply of certified copy of this order. 6. The writ petition is allowed. 7. However, it is open for the respondents to proceed against the petitioner afresh in accordance with law. April 23, 2026 NSC HABC No. 456 of 2026 2 (Vinai Kumar Dwivedi,J.) (Siddharth,J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad