Allahabad High CourtConstitutional LawCriminal Procedure and Evidence

Allahabad HC Orders Man’s Release, If Not Wanted In Another Case, Presuming Illegal Detention After Police Station CCTV Footage Was Unavailable

Misba Naaz And Anotherv.State Of U.P. And 4 Others

Allahabad HC Orders Man’s Release, If Not Wanted In Another Case, Presuming Illegal Detention After Police Station CCTV Footage Was Unavailable. Misba Naaz And Another vs State Of U.P. And 4 Others. Allahabad High Court. LawLens
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In brief

The question

Whether Petitioner No. 2 had been unlawfully detained from 5 September 2026 until his formal arrest on 7 September 2026.

The court held

The Court allowed the petition and ordered Petitioner No. 2’s immediate release, unless he was wanted in another case.

It also directed

The Court directed the State to pay the petitioners costs of ₹20,000 within seven days.

The Court also recorded its displeasure concerning the non-production of CCTV footage, directed that it be entered in the SHO’s service records, and stated that her continuation in her post should be considered by the State.

The petitioners were left at liberty to pursue compensation through other legal avenues.

01Facts

Petitioner No. 1, the daughter of the corpus (Petitioner No. 2), alleged that police personnel took him from outside Police Station Nangal on 5 September 2026, while his formal arrest was recorded on 7 September 2026.

¶ 2, 7–9

The arrest related to an FIR registered against him and others alleging a “honey trap”.

¶ 6

The High Court directed the State to produce police-station CCTV footage for the relevant period.

¶ 9

The State reported that the footage was unavailable because a thunderstorm had allegedly caused water to enter and damage the CCTV system.

¶ 9–10

02Issues

i.Whether Petitioner No. 2 had been unlawfully detained from 5 September 2026 until his formal arrest on 7 September 2026.

¶ 2, 7–9, 13

ii.Whether the reported failure to produce the CCTV footage justified an adverse inference regarding the alleged detention.

¶ 9–12

03Law Applied

The Court applied the habeas corpus jurisdiction to determine whether the corpus’s detention was lawful.

It stated that, in a case alleging unlawful detention, a CCTV-malfunction explanation was not an acceptable basis for withholding relevant footage; it treated such an explanation as sufficient to support the petitioners’ claim and to infer that footage had been deliberately withheld because it was adverse to the respondents.

¶ 12

The judgment cited no specific statutory provision or precedent.

Provisions in the judgment · 3 · Linked ones open on LawLens

Bharatiya Nyaya Sanhita, 2023 Section 115Section 352Section 351

04Reasoning

The petitioners alleged that Petitioner No. 2 was taken from outside the police station on 5 September, although his formal arrest was recorded two days later.

¶ 7–9

The Court had ordered production of CCTV footage covering the relevant period, but the State said it was unavailable due to a system failure.

¶ 9–10

Rejecting that explanation in the context of the unlawful-detention claim, the Court inferred that the footage had been deliberately withheld and accepted the petitioners’ contention that the corpus had been unlawfully detained.

¶ 11–13

05Holding

The Court allowed the petition and ordered Petitioner No. 2’s immediate release, unless he was wanted in another case.

¶ 13

The Court directed the State to pay the petitioners costs of ₹20,000 within seven days.

¶ 15

The Court also recorded its displeasure concerning the non-production of CCTV footage, directed that it be entered in the SHO’s service records, and stated that her continuation in her post should be considered by the State.

¶ 14

The petitioners were left at liberty to pursue compensation through other legal avenues.

¶ 13
Allahabad High Court

Original Court PDF

Misba Naaz And AnothervsState Of U.P. And 4 Others

Allahabad High Court · November 03, 2026

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