Allahabad High Court held that police jailed a man for 79 days on a rape allegation without verification or credible evidence. The Court ruled that such mechanical arrests violate personal liberty and awarded ₹1 lakh compensation.
False Rape Case, Wrongful Arrested: The Allahabad High Court, through a bench comprising Justice Arindam Sinha and Justice Satya Veer Singh, awarded ₹1 lakh as compensation to a man who was found to have been wrongfully arrested in an attempted rape case, reaffirming the protection of personal liberty.
The Court examined how the arrest happened, the police investigation, and whether the arrest followed legal procedures. The case highlights how careless arrests can destroy a person’s life, reputation, and dignity.
The case started when a woman filed a complaint in March 2017 claiming that an unknown man offered to help her reach home and later molested and tried to rape her. Based on this complaint, an FIR was registered and the police started investigation.
After some time, the police arrested the petitioner from Lucknow. He remained in custody for about 79 days. Later during investigation, it was found that he was not present at the place where the incident was alleged to have happened.
The criminal case against him continued for several years but was finally closed in 2022 when the complainant did not appear before the court despite repeated notices. After the case ended, the petitioner approached authorities claiming that his arrest itself was illegal and violated his fundamental rights.
The Court carefully studied the FIR, medical report, witness statements, and investigation records. The judges noticed that the medical report did not support serious allegations made by the complainant.
The police also failed to identify or examine any independent witness even though the complainant claimed that passersby had gathered during the incident. The Court also found that police arrested the petitioner without verifying his presence at the alleged crime location.
The Court clearly held that the police had acted without proper evidence and without following lawful procedure. The judges emphasised the importance of personal liberty and stated:
“Protection of life and personal liberty- No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Court further examined whether police had valid justification to arrest the man without warrant. After analysing the facts, the judges concluded that the police neither gathered strong evidence nor tried to verify the complaint properly before arresting him. The Court strongly criticised this casual approach and stated:
“No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.”
The Court also explained that arrest power and arrest justification are two different things and police must always satisfy themselves about necessity before taking away someone’s liberty. The judges further observed:
“Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person.”
While deciding compensation, the Court noted that constitutional courts have authority to grant financial relief if a person’s fundamental rights are violated due to illegal actions of government officials. The Court found that the petitioner suffered unnecessary arrest and detention due to negligence and lack of proper investigation by police officers.
After considering the entire case history, evidence gaps, and failure of police procedure, the Court concluded that the petitioner’s fundamental right under Article 21 was violated. The Court finally ordered the State to pay compensation of ₹1 lakh to the petitioner within four weeks.
This judgment sends a clear message that police must act responsibly and cannot arrest citizens merely based on allegations without conducting proper verification and investigation. The decision also reinforces that courts will protect citizens if their liberty is violated due to wrongful police action.
Explanatory Table: Laws And Legal Provisions Involved
| Laws and Sections | Purpose | How Applied in This Case |
| Article 21, Constitution of India | Protects life and personal liberty | Court held illegal arrest violated personal liberty |
| Section 41 CrPC | Allows police arrest without warrant in limited cases | Police misused power without proper justification |
| Section 164 CrPC | Recording statement before Magistrate | Victim’s statement lacked strong support |
| Section 203 CrPC | Dismissal of complaint for lack of evidence | Case closed due to absence of proof |
| Protection of Human Rights Act, Section 18 | Compensation for human rights violation | Used to justify monetary compensation |
| Protection of Human Rights Act, Section 36 | Time limit for Human Rights Commission | Court bypassed limitation using constitutional powers |
| Public Law Compensation Principle | Compensation for State wrongdoing | Applied to award ₹1 lakh for wrongful arrest |
| Section 41 CrPC Guidelines (Joginder Kumar, Arnesh Kumar) | Prevent unnecessary arrests | Court found guidelines ignored by police |
Case Details
- Case Title: Sunil Kandu @ Sunil Kumar Gupta vs Secretary, Ministry of Home Affairs and 2 Others
- Court: High Court of Judicature at Allahabad
- Case Number: Writ – C No. 26221 of 2024
- Bench: Justice Arindam Sinha & Justice Satya Veer Singh
- Date of Judgment: 20 January 2026
- Neutral Citation: 2026:AHC:14504-DB
- Counsels:
- For Petitioner: Appeared in person
- For Respondents: Anil Kumar Srivastava, C.S.C., Prem Narayan Rai
Key Takeaways
- Arrest power cannot become harassment power. Allegations alone should never be enough to take away a man’s liberty without proper verification and evidence.
- False or weak sexual offence allegations can destroy a man’s reputation, career, and mental health long before courts establish truth.
- Police accountability is essential because careless arrests show how easily due process can be ignored when men are accused.
- Compensation for wrongful arrest is important, but it can never fully restore lost dignity, time, and social standing of falsely accused men.
- Legal safeguards like necessity of arrest, evidence verification, and constitutional protection of liberty must be strictly enforced to prevent misuse of criminal laws against men.
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