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False FIR in posco kidnap st sc but arrest in rumur,threat ,identity
26-Jan-2026 (In Criminal Law)
False FIR made in posco st sc kidnap case but arrest made in identity disclosure in section 21 posco,rumur case and threat case and st sc 3(v)ia ,kindly clarify is arrest illegal as no evidence exists on record regarding fir sections,nor arrest sections have any evidence, Political pressure has made this conspiracy, bail has been denied at session
Practically, in a case involving POCSO and SC/ST Act allegations where the Sessions Court has already rejected bail, the situation is legally serious but not hopeless. At this stage, arrest is usually justified by the police on the basis of the victim’s statement and the nature of offences, and courts are cautious because of the statutory rigour. However, the real turning point is whether investigation is substantially complete and whether custodial interrogation is still required. If charge-sheet is filed or near completion, recovery is nil, the accused has no criminal antecedents, and there are arguable inconsistencies, delay, or background of enmity, the High Court becomes the proper forum for seeking regular bail. The High Court typically examines procedural compliance of arrest, necessity of further custody, and prima facie applicability of sections rather than conducting a mini-trial. Relief is more likely on grounds of prolonged custody, weak corroboration, or over-implication, while merits of defence are reserved for trial. So, the practical route is: obtain FIR, statements (164 if any), medical record, arrest memo, and bail rejection order, assess gaps, then move a structured regular bail petition before the High Court with focused legal grounds.
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Adv. Neha Gupta
Adv. Neha Gupta
Kurukshetra | 100+ Answers
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It is important to note that these are very serious allegations under which FIR has been lodged . As you had said that bail has been denied at session then you should immediately file an appeal in the high court .
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Adv. Nitanshu Sharma
Adv. Nitanshu Sharma
Gurgaon / Gurugram | 200+ Answers
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There are Various legal Remedies to deal with it . Rest depends on matter.
feel free to Contact for further advice and assistance
Thank You
Regards
Advocate Kuber Hooda
Punjab and Haryana High Court
Delhi High Court
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Adv. Kuber Hooda
Adv. Kuber Hooda
Panchkula | 700+ Answers
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helo i am advocate Ajay Godara form Hisar Haryana mana app ki puri detail check kar le ha please case ki puri detail send Kara taki ham app ki puri help kar saka app hame whtup ya email kar sakta hai app ki puri help kar saka
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Adv. Ajay Godara
Adv. Ajay Godara
Jind | 25+ Answers
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Arrest in a POCSO or SC/ST Act case is not automatic. Under Section 41 CrPC and the Supreme Court judgment in Arnesh Kumar v. State of Bihar, police must have credible material and necessity for arrest. If FIR allegations under POCSO (Sections 21 etc.), kidnapping, rumour or threat offences, or SC/ST Act Section 3(1)(v-a) are not supported by prima facie evidence, arrest can be challenged as illegal and arbitrary.
The SC/ST Act requires that arrest must be based on specific caste-based offence and material on record; vague or omnibus allegations are not sufficient. Similarly, under POCSO, mere allegation without medical, digital, or witness evidence does not justify custodial detention.
Even if Sessions Court has denied bail, you can approach the High Court under Section 439 CrPC for regular bail or Article 226/482 CrPC for quashing or for protection if arrest was made without legal basis. If arrest was politically motivated or without compliance of CrPC safeguards, the court can grant bail, interim protection, or even compensation.
Therefore, if no supporting evidence exists for the invoked sections, the arrest is legally vulnerable and challengeable before the High Court.
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Adv. Gurjant Singh
Adv. Gurjant Singh
Hisar | 25+ Answers
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