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Detention Of A Person Despite Furnishing Of Personal Bond Violative Of Article 21: Allahabad High Court

The Allahabad High Court has held that keeping a person in custody, despite his furnishing personal bonds as required by the magistrate, is violative of his right to personal liberty guaranteed under Article 21 of the Constitution. A Division Bench comprising of Justices Surya Prakash Kesarwani and Shamim Ahmed recently pulled up an Executive Magistrate for failing to release two persons, arrested on apprehensions of breach of public peace, despite their furnishing personal bond and other papers. It observed that Section 107 CrPC requires a person to provide security/ execute a bond for peace keeping. It thus held that keeping a person in custody, despite fulfilment of conditions contained in the CrPC, is violative of Articles 14 and 21 of the Constitution. “In his counter affidavit, the respondent no.3 (Magistrate) has tried to justify his arbitrary action and clear breach of statutory duty cast upon him as well as the fundamental rights guaranteed under Article 14 and 21 of the Constitution of India,” the Court sternly remarked.

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