Allahabad High Court

Heard Mr. Mohal Lal Pandey, learned counsel for the petitioners and Mr. Deepak Mishra, learned Additional Government Advocate-I, appearing on behalf of the State. The affidavits of compliance on behalf of Palash Bansal, Superintendent of Police, Banda and Bhasker Mishra, S.H.O. Police Station- Kamasin, Banda, respectively, are taken on record. Let both of these be numbered by the office. In compliance with the rule nisi, the detenue has been produced before the Court. He has been identified, before the Court, by Prashant Kumar Tyagi, Sub-Inspector of Police posted at Police Station- Kamasin, (PNO No. 231273017), Banda. He has identified the detenue before the Court and appended his signatures identifying the deponent's signature and left thumb impression on the left hand side of the order-sheet of the day. We proceed to record the statement of the detenue :- प्रश्न- आपका नाम ? उत्तर- जीतेन्द्र राजपूत । प्रश्न- आपके िपताजी का नाम ? उत्तर- दया राम राजपूत । प्रश्न - आपका घर कहाँ है ? 2 HABC No. 1012 of 2025 उत्तर - कामिसन । प्रश्न - आपके गांव का नाम क्या है ? उत्तर - कामिसन । In their return to the rule nisi an affidavit of compliance has been filed on behalf of respondents, where the stand taken is disclosed in paragraphs nos. 4 to 15, which read:- "4. That after receipt of the order passed by this Hon'ble Court, the deponent immediately call for the report from the concerned Police Station and after perusal of the report, it reveals that on 07.09.2025 the detenue/petitioner no.1 and one Chhotu son of Sanjay have been intercepted by the Police on behest of information of 'mukhbir' that two persons are having contraband substance while Police team reached on the spot, the petitioner no. 1 and Chottu son of Sanjay were arrested and from possession of the petitioner no. 1/corpus, 1.200 Kilogram 'Ganja' was recovered, in which 50 grams from the same has been taken for sample and rest was sealed. Furthermore, from the bag/petitioner no.1 was carrying in his hand, one country made pistol and one live cartridge 315 bore was recovered, both arrested persons were duly informed about the reason of the arrest and the family members have also been informed and thereafter immediately FIR being case crime no. 224/2025 under section 8/20 NDPS Act and Section 9/25 Arms Act at 16.45 hours, Police Station Kamasin, District Banda. Copy of FIR being case crime no. 224/2025 under section 8/20 NDPS Act and Section 9/25 Arms Act at 16.45 hours, Police Station Kamasin, District Banda is being filed herewith and marked as Annexure-1 to this affidavit.

5. That it is further relevant to mention here that after arrest under the statutory provision, both arrested accused were sent for medical examination and on the way both has succeeded to escape from the clutches of Police, immediately due to best efforts made by the Police one Chhotu son of Sanjay was arrested, whereas petitioner no. 1 has been succeeded to escape.

6. That it is relevant to point out here that, at this stage in the incident, while accused petitioner no. 1 and Chhotu son of Sanjay had escaped from the clutches of Police, two police personnel got injured. Copy of injury report is being filed herewith and marked as Annexure-2 to this affidavit

7. That after getting the information of the said incident, immediately an FIR being case crime no. 225 of 2025 under section 262, 121(1), 132, 352, 115(2), 351(3) BNS Police Station Kamasin, District Banda was lodged. Copy of FIR being case crime no. 225 of 2025 under section 262, 121(1), 132, 352, 115(2), 351(3) BNS Police Station Kamasin, District Banda is being filed herewith and marked as Annexure-3 to this affidavit. 3 HABC No. 1012 of 2025

8. That it is relevant to mention here that Circle Officer, Baberu, district Banda also constituted a team under the headship of Station House Officer, Police Station Kamasin, District Banda after looking the seriousness of the matter. Copy of order dated 09.09.2025 of Circle Officer, Baberu is being filed herewith and marked as Annexure-4 to this affidavit.

9. That it is submitted that the deponent vide his order 10.11.2025 has directed for preliminary enquiry against the police personnel in whose custody, petitioner no. 1 and Chhotu son of Sanjay were going to hospital. Copy of order dated 10.11.2025 passed by deponent is being filed herewith and marked as Annexure-5 to this affidavit.

10. That it is further relevant to mention here that the deponent being Superintendent of Police, Banda has also constituted a Special Investigation (S.I.T.) under the headship of Circel Officer Baberu, Banda. Copy of order of deponent for constitution of S.I.T. is being filed herewith and marked as Annexure-6 to this affidavit.

11. That it is further relevant to point out here that since the date of incident dated

07.09.2025 the deponent is regularly monitoring the issue and issue necessary direction to the investigating officer as well as Special Investigation Team and also directed all Circle Officers of district Banda to extend their full cooperation and support in order to ensure the arrest of petitioner no. 1, who is wanted in two criminal cases being case crime no. 224 of 2025 and 225 of 2025.

12. That it is further relevant to mention here that investigation of case crime no. 224/2025 was completed on the part of the accused Chhotu son of Sanjay and investigation in respect of the accused/petitioner no. 1 is concerned, the same is still pending.

13. That it is submitted that report submitted by the investigating officer also reflects that in order to ensure that arrest of the accused/petitioner no. 1 in case crime no. 224/2025 efforts have been and CDR has been obtained, but no fruitful 619 information is being gathered. Further Police during course of free, fair and impartial investigation is making raid to all the places, where even little bit lead is being received about his presence.

14. That the investigating officer has also made application before the competent Court and obtained non-bailalbe warrant against the accused/petitioner no. 1 on 27.10.2025 and petitioners have full knowledge about the same.

15. That once the petitioner no. 2 has got information about the issuance of non- bailable warrant against his son/petitioner no. 1, then present habeas corpus petitioner is being instituted before this Hon'ble Court in order to create pressure upon the police." The long and short of the matter, therefore, is that according to the 4 HABC No. 1012 of 2025 respondents, the first petitioner, the detenue is not in unlawful detention but arrested in connection with a crime. It is their further case that he escaped from lawful custody on account of which he could not be produced earlier. We do not know the truth of the allegations comprising either of the offences registered against the petitioner. All that is relevant to the inquiry, in the present habeas corpus petition, is that the detenue has been produced before us and we have been apprised that he has been arrested in connection with a crime and is yet to be produced before the Magistrate for remand in connection with the cases pending against him. In this view of the matter, the rule in this petition, is not required to be made absolute, but we must remark that the first petitioner Jitendra Kumar Rajput must be forthwith produced before a Judicial Magistrate of competent jurisdiction and necessary orders obtained regarding his custody, where it would be open to the petitioner to seek bail in the manner advised. Subject to the above remarks the rule in this petition is discharged and the petition dismissed. November 19, 2025 AdityaG (Sanjiv Kumar,J.) (J.J. Munir,J.)

Heard Mr. Mohal Lal Pandey, learned counsel for the petitioners and Mr. Deepak Mishra, learned Additional Government Advocate-I, appearing on behalf of the State. The affidavits of compliance on behalf of Palash Bansal, Superintendent of Police, Banda and Bhasker Mishra, S.H.O. Police Station- Kamasin, Banda, respectively, are taken on record. Let both of these be numbered by the office. In compliance with the rule nisi, the detenue has been produced before the Court. He has been identified, before the Court, by Prashant Kumar Tyagi, Sub-Inspector of Police posted at Police Station- Kamasin, (PNO No. 231273017), Banda. He has identified the detenue before the Court and appended his signatures identifying the deponent's signature and left thumb impression on the left hand side of the order-sheet of the day. We proceed to record the statement of the detenue :- प्रश्न- आपका नाम ? उत्तर- जीतेन्द्र राजपूत । प्रश्न- आपके िपताजी का नाम ? उत्तर- दया राम राजपूत । प्रश्न - आपका घर कहाँ है ? 2 HABC No. 1012 of 2025 उत्तर - कामिसन । प्रश्न - आपके गांव का नाम क्या है ? उत्तर - कामिसन । In their return to the rule nisi an affidavit of compliance has been filed on behalf of respondents, where the stand taken is disclosed in paragraphs nos. 4 to 15, which read:- "4. That after receipt of the order passed by this Hon'ble Court, the deponent immediately call for the report from the concerned Police Station and after perusal of the report, it reveals that on 07.09.2025 the detenue/petitioner no.1 and one Chhotu son of Sanjay have been intercepted by the Police on behest of information of 'mukhbir' that two persons are having contraband substance while Police team reached on the spot, the petitioner no. 1 and Chottu son of Sanjay were arrested and from possession of the petitioner no. 1/corpus, 1.200 Kilogram 'Ganja' was recovered, in which 50 grams from the same has been taken for sample and rest was sealed. Furthermore, from the bag/petitioner no.1 was carrying in his hand, one country made pistol and one live cartridge 315 bore was recovered, both arrested persons were duly informed about the reason of the arrest and the family members have also been informed and thereafter immediately FIR being case crime no. 224/2025 under section 8/20 NDPS Act and Section 9/25 Arms Act at 16.45 hours, Police Station Kamasin, District Banda. Copy of FIR being case crime no. 224/2025 under section 8/20 NDPS Act and Section 9/25 Arms Act at 16.45 hours, Police Station Kamasin, District Banda is being filed herewith and marked as Annexure-1 to this affidavit.

5. That it is further relevant to mention here that after arrest under the statutory provision, both arrested accused were sent for medical examination and on the way both has succeeded to escape from the clutches of Police, immediately due to best efforts made by the Police one Chhotu son of Sanjay was arrested, whereas petitioner no. 1 has been succeeded to escape.

6. That it is relevant to point out here that, at this stage in the incident, while accused petitioner no. 1 and Chhotu son of Sanjay had escaped from the clutches of Police, two police personnel got injured. Copy of injury report is being filed herewith and marked as Annexure-2 to this affidavit

7. That after getting the information of the said incident, immediately an FIR being case crime no. 225 of 2025 under section 262, 121(1), 132, 352, 115(2), 351(3) BNS Police Station Kamasin, District Banda was lodged. Copy of FIR being case crime no. 225 of 2025 under section 262, 121(1), 132, 352, 115(2), 351(3) BNS Police Station Kamasin, District Banda is being filed herewith and marked as Annexure-3 to this affidavit. 3 HABC No. 1012 of 2025

8. That it is relevant to mention here that Circle Officer, Baberu, district Banda also constituted a team under the headship of Station House Officer, Police Station Kamasin, District Banda after looking the seriousness of the matter. Copy of order dated 09.09.2025 of Circle Officer, Baberu is being filed herewith and marked as Annexure-4 to this affidavit.

9. That it is submitted that the deponent vide his order 10.11.2025 has directed for preliminary enquiry against the police personnel in whose custody, petitioner no. 1 and Chhotu son of Sanjay were going to hospital. Copy of order dated 10.11.2025 passed by deponent is being filed herewith and marked as Annexure-5 to this affidavit.

10. That it is further relevant to mention here that the deponent being Superintendent of Police, Banda has also constituted a Special Investigation (S.I.T.) under the headship of Circel Officer Baberu, Banda. Copy of order of deponent for constitution of S.I.T. is being filed herewith and marked as Annexure-6 to this affidavit.

11. That it is further relevant to point out here that since the date of incident dated

07.09.2025 the deponent is regularly monitoring the issue and issue necessary direction to the investigating officer as well as Special Investigation Team and also directed all Circle Officers of district Banda to extend their full cooperation and support in order to ensure the arrest of petitioner no. 1, who is wanted in two criminal cases being case crime no. 224 of 2025 and 225 of 2025.

12. That it is further relevant to mention here that investigation of case crime no. 224/2025 was completed on the part of the accused Chhotu son of Sanjay and investigation in respect of the accused/petitioner no. 1 is concerned, the same is still pending.

13. That it is submitted that report submitted by the investigating officer also reflects that in order to ensure that arrest of the accused/petitioner no. 1 in case crime no. 224/2025 efforts have been and CDR has been obtained, but no fruitful 619 information is being gathered. Further Police during course of free, fair and impartial investigation is making raid to all the places, where even little bit lead is being received about his presence.

14. That the investigating officer has also made application before the competent Court and obtained non-bailalbe warrant against the accused/petitioner no. 1 on 27.10.2025 and petitioners have full knowledge about the same.

15. That once the petitioner no. 2 has got information about the issuance of non- bailable warrant against his son/petitioner no. 1, then present habeas corpus petitioner is being instituted before this Hon'ble Court in order to create pressure upon the police." The long and short of the matter, therefore, is that according to the 4 HABC No. 1012 of 2025 respondents, the first petitioner, the detenue is not in unlawful detention but arrested in connection with a crime. It is their further case that he escaped from lawful custody on account of which he could not be produced earlier. We do not know the truth of the allegations comprising either of the offences registered against the petitioner. All that is relevant to the inquiry, in the present habeas corpus petition, is that the detenue has been produced before us and we have been apprised that he has been arrested in connection with a crime and is yet to be produced before the Magistrate for remand in connection with the cases pending against him. In this view of the matter, the rule in this petition, is not required to be made absolute, but we must remark that the first petitioner Jitendra Kumar Rajput must be forthwith produced before a Judicial Magistrate of competent jurisdiction and necessary orders obtained regarding his custody, where it would be open to the petitioner to seek bail in the manner advised. Subject to the above remarks the rule in this petition is discharged and the petition dismissed. November 19, 2025 AdityaG (Sanjiv Kumar,J.) (J.J. Munir,J.)