'Arrest in clear violation of law': Delhi court grants bail to accused

New Delhi, Dec 31 (PTI) A Delhi court has granted bail to a man accused of causing "grievous hurt" saying his arrest was in "clear violation of the law".

Vacation judge Neeraj Sharma was hearing the accused's bail plea when it said, "Custody of the accused/applicant is a clear violation of the mandate of the law and accordingly. He is admitted to bail on furnishing a bail bond in the sum of Rs 20,000 with one surety in the like amount." In its order on December 27, the court said after being given a notice by the police on December 7, the accused joined the investigation, and couldn't be arrested without a specific reason by the investigating officer on the same day as per law.

"On being inquired by this court about the reasons for arresting the accused despite his joining the investigation in compliance of the notice, IO has produced the police file for the perusal of this court, wherein, in the arrest memo, typed reasons has been ticked mechanically for arresting the accused without elaborating upon the grounds...," the court observed.

It said once an accused was served with a notice under the Bharatiya Nyaya Sanhita provision, there was a presumption that arrest was not required.

"In the present case, as the opinion regarding the grave nature of the alleged injury was very much available with the IO before issuing the notice, this court is of the opinion that once the accused complied with the said notice, the grave nature of the injury cannot subsequently be a ground for arresting the accused…" the court said.

The accused, namely, Tarun was booked by the Wazirabad police for the alleged offence of causing grievous hurt. PTI MNR AMK