Release of accused when evidence deficient
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Summary
If a police investigation shows there is not enough evidence or reasonable suspicion to send the accused to a Magistrate, the officer in charge must release the person from custody. Release is on a bond or bail bond as the officer directs. The bond requires the accused to appear before the Magistrate when called to take cognizance, to try the case, or to commit it for trial.
Example
Ravi is arrested after a neighbour's complaint, but the police find little evidence during the investigation. The officer in charge must release Ravi from custody on a bond or bail bond, requiring him to appear before the Magistrate if called to take cognizance or for trial.
Bare Act
Enacted textIf, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.
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