Allahabad High Court Directs Action Against Cops For 20 Hour Delay In Releasing Accused After Direction
The Allahabad High Court stated that the Officers did not have respect for the law of the land.
Justice Siddharth, Justice Jai Krishna Upadhyay, Allahabad High Court
The Allahabad High Court has directed the Commissioner of Police to take action against a Station House Officer and Sub-Inspector for releasing the accused after a delay of over 20 hours and for violating the arrest guidelines of the Apex Court enumerated in Satendra Kumar Antil vs. C.B.I. & another (2026).
The High Court stated that the Officers did not have respect for the law of the land.
The Division Bench of Justice Siddharth and Justice Jai Krishna Upadhyay held, “It is clear that order of this court was complied after about 20 hours of passing of the same.Therefore, this court finds that respondent nos. 4 and 5 have no respect for law of the land. The petitioners have allegedly committed offences punishable upto or below seven years and against the judgement of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I. & another, 2026 SCC OnLine SC 162, the respondent nos. 4 and 5, have arrested thepetitioners.Therefore conduct of the respondent nos. 4 and 5 amounts to contempt of the Hon'ble Supreme Court.”
“Therefore, we hereby direct the Commissioner of police, Prayagraj to take appropriate action against the respondent nos. 4 and 5…”, it ordered.
Advocate Nehal Kumar Banaudha represented the Petitioner while Government Advocate represented the Respondent.
Factual Background
The High Court, in its order dated February 12, 2026, had noted that the petitioner had been arrested for committing offences under Section 3 and Section 25 (1B) (a) of the Arms Act, 1959, for which the minimum sentence to be awarded is two years which may extend to five years and, therefore, the arrest of the petitioner was prima facie, illegal and in violation of the mandate of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I. & another (2026). The petitioner was thus directed to be released.
Reasoning
On a perusal of the facts of the case, the Bench noted that the order dated February 12, 2026, was complied with after about 20 hours of passing of the same. As per the Bench, the respondents, Station House Officer and Sub-Inspector, had arrested the petitioner against the judgement of the Apex Court in Satendra Kumar Antil vs. C.B.I. & another (2026) and their conduct amounted to contempt of the Apex Court.
The Bench thus ordered the Commissioner Of Police, Prayagraj, to take appropriate action against the Station House Officer and the Sub-Inspector.
Cause Title: Sachin Arya @ Sachin Bhartiya v. State Of Uttar Pradesh (Case No.: Habeas Corpus Writ Petition No. 125 of 2026)
Appearance
Petitioner: Advocates Nehal Kumar Banaudha, Rahul Yadav, Swarn Kumar Yadav
Respondent: Government Advocate