The Madhya Pradesh High Court, Gwalior Bench, has allowed a habeas corpus petition filed by Anil Kumar Mishra and directed his release on bail, holding that his arrest suffered from non-compliance with mandatory constitutional requirements relating to communication of grounds of arrest.
A Division Bench comprising Justice G.S. Ahluwalia and Justice Ashish Shroti passed the order in Writ Petition No. 2 of 2026, arising out of Crime No. 1 of 2026 registered by the Crime Branch, Gwalior, under provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act.
While examining the maintainability of a habeas corpus petition after judicial remand, the Court held that although it could not test the correctness of the remand order or rejection of bail once custody becomes judicial, a writ of habeas corpus remains maintainable on the limited ground of examining whether the initial arrest was illegal due to violation of mandatory constitutional safeguards.
On merits, the Court found that although the petitioner had been orally informed of the grounds of arrest, the grounds were never communicated to him in writing, as required by Article 22(1) of the Constitution and as clarified by the Supreme Court in Vihaan Kumar v. State of Haryana and Mihir Rajesh Shah v. State of Maharashtra. The Bench held that such non-compliance vitiated the arrest and, consequently, entitled the petitioner to relief, without affecting the investigation or trial.
Accordingly, the High Court directed that the petitioner be released on bail subject to the following conditions:
• The petitioner shall be released on furnishing a personal bond of ₹1,00,000 with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Gwalior.
• He shall execute the bond or bail bond as directed by the Executive Magistrate, City Centre, Gwalior, under Sections 126 and 135 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
• He shall submit an undertaking before the CJM, Gwalior, stating that he will not act in any manner prejudicial to the maintenance of law and order, in compliance with directions issued by the Division Bench of the Principal Seat at Jabalpur in W.P. No. 44542 of 2025.
• All other usual conditions of bail shall apply.
• Compliance with the conditions relating to execution of bond before the Executive Magistrate and submission of undertaking was made a condition precedent for release.
Since the petitioner was in custody, the Court directed the Senior Superintendent of Police, Gwalior, to make immediate arrangements to enable him to execute the required bonds and undertaking.
Before concluding, the Bench clarified that all observations made in the order were confined strictly to the adjudication of the present writ petition and would not influence the investigation or trial. The writ petition was accordingly allowed, with no order as to costs.
Appearances:
Shri R.K.Sharma, Senior Advocate with Shri Prashant Sharma, Shri Rajiv Sharma, Shri Sameer Shrivastava and Shri Sankalp Sharma, Advocates for the petitioner.
Shri Prashant Singh, Advocate General with Shri Bramhadatt Singh, Additional Advocate General through Video Conferencing, Shri Vivek Khedkar and Shri Deependra Singh Kushwaha, Additional Advocate Generals, Shri S.S. Kushwaha and Shri Sohit Mishra, Government Advocates for respondent Nos.1 to 4/State.
Shri Rameshwar, Senior Advocate through Video Conferencing with Shri Ashok Ahirwar and Shri Vijay Sundaram, Advocates for respondent No.5/complainant.
