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Lucknow: The Allahabad HC’s Lucknow bench has raised serious questions over the practical implementation of the mandatory audio-video recording of search and seizure proceedings by police, observing that when Section 105 of the BNSS clearly provides for it, there should be no difficulty for police in complying with the requirement.Justice Rajiv Bharti observed that audio-video recording has become commonplace in the present age and, therefore, compliance with Section 105 of the BNSS should not be considered burdensome.The court made the observations while hearing anticipatory bail pleas filed by four accused in a case registered at Gosainganj police station in Sultanpur district under provisions of the UP Prevention of Cow Slaughter Act. It was pleaded on behalf of the applicants that their names did not figure in the FIR and surfaced subsequently on the basis of statements allegedly made by co-accused. The applicants also relied on a July 21, 2025, circular issued by the DGP, which makes audio-video recording mandatory during search and recovery proceedings.It was argued that no audio-video recording of the search or recovery had been conducted in the present case and, consequently, the prosecution lacked such corroborative material to substantiate its allegations. The court also considered that the applicants had no criminal history and one of the co-accused had been granted interim anticipatory bail.The bench accordingly granted interim anticipatory bail to all four applicants. The protection will remain operative till the next date of hearing or submission of the charge sheet, whichever is earlier.
