Gauhati High Court Grants Bail After Illegal 1 AM Arrest in Violation of CrPC Safeguards

The Gauhati High Court granted bail to Dr Sangeeta Dutta, who has been in custody since May 2023 in a case concerning the alleged abuse of a three-year-old foster child.

The Court held that her 1 AM arrest was illegal as it violated Section 46(4) CrPC, which mandates prior written permission from a Judicial Magistrate for arresting a woman at night.

It also noted breaches of Sections 50, 50A, 41B(b)(i), and 60A CrPC, including failure to properly inform grounds of arrest, notify relatives, and prepare a valid arrest memo.

Considering her long custody, slow trial progress and parity with a co-accused who is already granted bail, the Court ordered her release with conditions.

[Dr Sangeeta Dutta v. State of Assam & Anr.]