Delhi HIgh Court

Delhi HC: Arrest Procedure Violations Lead to Bail for Habibur Molla

Updated
Feb 3, 2026 11:26 PM
delhi-hc-arrest-procedure-violations-lead-to-bail-for-habibur-molla

Summary: Habibur Molla, also known as Sonu, has been granted bail by the Delhi High Court. The case involves serious charges, but due to mistakes in following the rules, the court decided to allow bail.

The Case Begins: Police Report and Arrest

On May 10, 2024, a police report was filed by a worried mother at the Kapashera Police Station in Delhi. Her young daughter had been missing since that morning. The police investigation led to the arrest of Rashid and Rimpa Sardar in Surat, Gujarat. They had allegedly taken the girl there and kept her against her will.

Accusations and Arrests

The investigation showed that Habibur Molla, Rashid's cousin, helped them find a place to stay in Surat. The girl said that Rashid forced her into inappropriate situations. Habibur was arrested on May 28, 2024, along with others. A formal document listing multiple charges was filed on July 11, 2024, under various laws.

Legal Arguments: Violation of Rights

Habibur's lawyer, Mr. Deeparghya Datta, argued that his client's arrest violated his basic rights. Habibur was not told why he was being arrested, which is a basic right. The lawyer mentioned several important court cases to support this argument.

“The life and freedom of a person is so important that it cannot be interfered with except by law.”

Prosecution's Stand: Serious Nature of Crimes

Ms. Meenakshi Dahiya, representing the state, stressed the seriousness of the charges. She argued that even if there were mistakes in the process, they did not make the arrest invalid. She stressed the need to be careful in such serious cases.

Court's Decision: Bail Granted

Justice Saurabh Banerjee ruled in favor of Habibur Molla, citing the violation of his basic rights. The court granted him bail, requiring a personal promise of ₹50,000 and following certain conditions, such as not leaving Delhi without permission and handing over his passport.

Conditions of Bail

  • Habibur must live at his recorded address and inform authorities of any changes.
  • He must check in monthly with the investigating officer in Kapashera.
  • He is not allowed to contact prosecution witnesses or engage in criminal activities.

The court's decision shows the importance of following constitutional rights, even in cases with serious accusations.

Tags:
Bail
Right to Personal Freedom
Criminal Law