Allahabad HC awards ₹1.25 lakh to man detained illegally for five days by UP Police

The Allahabad High Court has directed the Uttar Pradesh government to pay ₹1.25 lakh in compensation to Chandan Rajbhar, who was kept in illegal police custody for five days before his formal arrest was recorded. Describing the investigating officer's conduct as an “arrogance of authority”, the court said the harshest punishment should be considered if the officer is found guilty in the departmental inquiry.

A division bench of Justice Atul Sreedharan and Justice Achal Sachdev passed the order on October 29, allowing a habeas corpus petition filed by Gyanti Devi and two others seeking Rajbhar's release.

The compensation has been calculated at ₹25,000 for each day of unlawful detention. The court clarified that the award would not prevent Rajbhar from separately suing the Police Department in an action in tort for damages. It also said the amount could be recovered from those found responsible for the illegal detention following an inquiry.

Police inquiry confirmed five days of illegal detention

The case originated from an FIR registered on July 18, 2026, at Salempur Police Station in Deoria under Section 87 of the Bharatiya Nyaya Sanhita (BNS). The complainant, the mother of one of the petitioners, alleged that Rajbhar had eloped with her 18-year-old daughter.

According to the petition, Rajbhar and the woman subsequently married at a Durga temple in Siwan, Bihar, before moving to Pune, where they lived together as husband and wife.

The petitioners alleged that police personnel, accompanied by the woman's father, reached the couple's matrimonial residence in Pune during the intervening night of August 24 and 25 and took them into custody. They were brought to the concerned police station during the intervening night of August 27 and 28.

Rajbhar maintained that he was kept in unlawful custody from August 28 to September 2, 2026, and that his arrest memo was prepared only on the latter date.

The High Court had, in an order passed on October 9, directed the police to produce CCTV recordings from the police station covering the period between 6 pm on August 27 and 10 pm on September 2.

Although the recordings were produced before the court, the bench found it unnecessary to examine them after the State counsel drew its attention to an inquiry report dated October 21. Prepared by the Circle Officer and forwarded to the Superintendent of Police, Deoria, the report accepted that Investigating Officer Deep Narayan Yadav had deliberately taken Rajbhar into custody on August 28 and kept him in illegal confinement until September 2, when his formal arrest was shown.

The report categorically recorded that Rajbhar had been unlawfully detained for five days at the police station and that a fabricated arrest, described as “फर्जी गिरफ्तारी”, had been shown on September 2. He was subsequently produced before a magistrate for remand.

It also found that the investigating officer had acted negligently, in contravention of his duties and in gross dereliction of them. Following the findings, the Superintendent of Police, Deoria, initiated departmental proceedings against Yadav on October 21.

Court criticises investigating officer's conduct

Taking note of the police inquiry, the bench appreciated the “candour and honesty” displayed by Circle Officer Rajesh Chaturvedi in disclosing the facts through his report. It also acknowledged the action subsequently taken by Deoria Superintendent of Police Abhijeet R. Shankar.

The court observed that the police department's own inquiry had accepted Rajbhar's allegation of unlawful detention.

“Therefore, what comes out from the entire exercise conducted by the police is that the case of the petitioner is accepted relating to unlawful detention,” the bench said.

However, the judges strongly criticised the investigating officer for keeping Rajbhar in custody for five days without following the procedure established by law.

“The manner in which the I.O. has demonstrated his arrogance of authority, by detaining petitioner No.2 for full five days without even thinking twice and without following the procedure established by law, makes it appear that he considered it business as usual,” the court observed.

The bench further said it expected the harshest punishment to be considered for the officer's deliberate actions if he was found guilty in the departmental inquiry.

Compensation may be recovered from officers found guilty

On the question of compensation, the High Court held that Rajbhar was entitled to ₹25,000 for each of the five days he remained in custody without adherence to the procedure established by law. It accordingly directed payment of ₹1.25 lakh.

The court made it clear that the compensation would not take away Rajbhar's right to pursue a separate claim against the Police Department for damages through an action in tort.

It also directed that the compensation paid to him could be recovered from the persons found guilty, after an inquiry, of having detained him unlawfully. The State may effect such recovery if it chooses to do so.

Allowing the habeas corpus petition, the bench directed that Rajbhar be set at liberty forthwith, provided he was not required in any other case.

The court also requested the State to record its appreciation of Circle Officer Rajesh Chaturvedi and Deoria Superintendent of Police Abhijeet R. Shankar in their respective service records. It noted that the two officers had made a full and true disclosure of the investigating officer's actions.

At the same time, the bench clarified that its observations in the habeas corpus proceedings would have no bearing on the criminal case pending against Rajbhar. The trial court must decide the matter and conclude the proceedings on the basis of the evidence presented before it, without being influenced by the High Court's observations.