Allahabad HC declares arrest of two accused in Chhattisgarh liquor scam as 'illegal'
Almost 11 months later, on June 18, 2024, Dhebar, who had been granted bail by the Chhattisgarh High Court, was again arrested by UP police just 20 minutes after his release in Raipur.
Following the arrest, the Investigation Officer (IO) applied for a transit remand under Section 167 of CrPC before the magistrate at Raipur and it was granted for 48 hours.
Subsequently, Dhebar was produced before the special judge (Prevention of Corruption Act) of Meerut, who remanded him to judicial custody until July 1, 2024.
Finally, Dhebar moved Allahabad High Court and his plea was clubbed with the petition filed by the other accused ex-IAS officer Anil Tuteja who was arrested separately in the connection with the same case. As both the petitions sought the court to declare their arrest illegal, they were heard together by the court.
On the other hand, the Additional Advocate General for the state submitted that since there was a memo of arrest and the son of the petitioner Dhebar had been informed about the arrest, the arrest could not be held illegal as the reason for it was known to the petitioner.
The bench however was not satisfied with the Additional Advocate General's contention, and it stated that neither in the memos of arrest nor in the information given to Dhebar's son or in the remand orders were given the ground of arrest communicated to the petitioners. Furthermore, the court also observed that the petitioners were given no opportunity of hearing to oppose the custodial remand.
The court concluded that the petitioners were never furnished the grounds of arrest as mandated under Section 50 of CrPC.
Declaring their arrests illegal, the court refused to interfere with the charge-sheet submitted by the investigation officer. The Court, however, clarified that the proceedings following law as per the charge-sheet may continue in the case.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
37 minutes ago
- Time of India
Yogi Adityanath turns 53: PM Narendra Modi & BJP leaders hail UP's growth under his leadership
LUCKNOW: Wishes poured in from across all quarters for UP chief minister Yogi Adityanath , who celebrated his 53rd birthday on Thursday. The occasion was marked by hundreds of greetings for the CM on social media as well, with supporters using hashtags like #PopularChiefMinister and #HinduHridaySamrat to wish him on his birthday. Prime Minister Narendra Modi praised the CM for his work towards UP's development, stating: 'Birthday greetings to UP CM Yogi Adityanath Ji. He worked tirelessly for the development of UP across various sectors, significantly improving the quality of life for its people. Wishing him a long and healthy life.' Thanking him for his wishes, Yogi Adityanath said: 'Heartfelt thanks to the Honourable Prime Minister for your gracious and inspiring wishes that fill the heart with warmth, energy, and encouragement. Your blessings are a boundless source of strength in our mission to bring positive change to the lives of 25 crore people of UP. Under your visionary leadership, illuminated by the spirit of 'Nation First', UP is steadfastly progressing toward the goal of a 'Viksit Bharat – Viksit UP'. ' Several state and union ministers took to social media to wish Yogi Adityanath. In his message, home minister Amit Shah said: 'The double-engine govt is successfully delivering the benefits of development and welfare schemes to every citizen. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo I pray to God for your good health and long life.' Defence minister and MP from Lucknow Rajnath Singh wrote: 'In recent years, CM Yogi Adityanath took UP to new heights of development. He continues to work tirelessly for progress and public welfare. May God bless him with good health and a long life!' Union minister for road transport and highways Nitin Gadkari prayed for the CM's good health, longevity, and a prosperous life, while Lok Sabha Speaker Om Birla also prayed for his joyful life and long years ahead. CMs of various BJP-ruled states also wished Yogi Adityanath. Bhupendra Patel, Gujarat CM, said: 'Under the guidance of the PM and your leadership, UP is progressing rapidly. I pray to Lord Shri Ram for your good health.' Assam CM Himanta Biswa Sarma commended the UP CM for his contribution to the state's development and the empowerment of the poor and underprivileged, while Prem Singh Tamang , CM of Sikkim, said that his unwavering dedication and leadership played a key role in the state's progress. Devendra Fadnavis, Deputy CM of Maharashtra, wrote on social media: 'Wishing you a long and healthy life,' and Pushkar Singh Dhami , CM of Uttarakhand, added: 'Your leadership gave a new direction to UP.' UP Governor Anandiben Patel also greeted Yogi Adityanath on his birthday, saying: 'Heartfelt birthday wishes to the CM of UP, Yogi Adityanath Ji, known for his humble nature and tireless spirit. May God bless him with boundless energy and good health!' Several other state BJP functionaries and senior party leaders also wished the CM, including Bhupendra Singh Chaudhary, BJP UP State President, deputy CM Keshav Prasad Maurya , and Jal Shakti minister Swatantra Dev Singh.
Hindustan Times
an hour ago
- Hindustan Times
Man accused of raping 17-yr-old girl acquitted as she admits to consensual relation
Thane, A Thane court has acquitted a 25-year-old man accused of raping a minor girl in 2019 under the pretext of marriage, after she admitted that their relationship was consensual. The victim, who was 17 years old at the time of the incident, was mature enough to understand the nature and consequences of the act she indulged in, special judge D S Deshmukh said in the order on June 2, a copy of which was made available on Thursday. The case was registered against Aakash Sachin Sathe in 2019 under sections 376 , 376 , 323 and 504 of the Indian Penal Code as well as provisions of the Protection of Children from Sexual Offences Act. The prosecution alleged the man engaged in sexual acts with the victim, both residents of Thane in Maharashtra, between March and June 2019 under the pretext of marriage and later refused to marry her. After hearing the case, judge Deshmukh observed that the "admissions given by the victim in cross-examination clearly show that she and the accused had consensual sex and now she has no grievance against him. Such admissions given by her are fatal to the case of the prosecution." The court also considered the victim's statement under section 164 of the CrPC wherein she said she lodged the complaint on the say of the accused's aunt because she wanted to marry the man, but no longer wished to proceed with the case. "Therefore, considering her age at the time of incident and considering the admissions given by her, there appears a love affair between both of them and at that time, the victim was almost 17 years old and was mature enough to understand what is right and wrong," the court said. "In such circumstances, there is no reason to hold the accused guilty of the commission of offence," it added.
News18
2 hours ago
- News18
Hanuman Chalisa At Mosque: Allahabad High Court Grants Bail To Two On ‘Presumption Of Innocence'
Last Updated: The court reaffirmed the principle that pre-trial detention should not be punitive, stressing the fundamental presumption of innocence until proven guilty The Allahabad High Court on June 3, 2025, granted bail to two individuals accused of attempting to incite communal disharmony by allegedly reciting Hanuman Chalisa near a mosque in Meerut. The court reaffirmed the principle that pre-trial detention should not be punitive, stressing the fundamental presumption of innocence until proven guilty. The bench of Justice Raj Beer Singh, while hearing the bail plea of Sachin Sirohi and Sanjay Samarval, observed that continued custody is not justified solely based on the seriousness of the allegations. 'The object of keeping a person in custody is to ensure his availability to face the trial and to receive the sentence that may be passed. The detention is not supposed to be punitive or preventive," the judge noted, drawing from the Supreme Court's ruling in Vinod Bhandari v. State of MP. The duo had approached the court for relief in Case Crime No. 73 of 2025, registered under Sections 191(2), 196, and 197 of the Bharatiya Nyaya Sanhita (BNS) at Sadar Bazar police station, Meerut. According to the prosecution, the applicants, along with others, entered a religious site belonging to the Muslim community and forcibly recited Hanuman Chalisa, allegedly aiming to provoke enmity between religious groups. Opposing the bail plea, the Additional Government advocate and counsel for the aggrieved parties contended that the accused acted deliberately to disturb communal harmony. The seriousness of the act, they argued, warranted denial of bail. However, counsel for the applicants maintained that the allegations were baseless and politically motivated. They argued that there was no credible evidence against their clients and that the criminal history referred to had been adequately explained in the affidavit submitted with the bail application. Weighing both sides, the court ruled that, without delving into the merits of the case at this stage, the applicants had made out a case for bail. Accordingly, bail was granted with strict conditions. These included a bar on tampering with evidence or intimidating witnesses and a requirement for regular court appearances. The order further makes it clear that the applicants must refrain from making any inducements or threats to individuals acquainted with the case, and any breach would give the trial court liberty to cancel their bail. First Published: June 05, 2025, 14:54 IST
