If, upon investigation, it appears to the Officer In-charge of the police station that there is NOT sufficient ground or evidence to justify the forwarding of accused to the Magistrate, then such officer shall

Correct option is B

The correct option is: (b) release him on executing a bond, with or without sureties

Explanation

This provision is governed by Section 169 of the Code of Criminal Procedure (CrPC) (or Section 189 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which deals with the release of an accused when evidence is deficient.

• Legal Mandate: If, upon an investigation, it appears to the officer in charge of the police station that there is no sufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate, the officer is legally bound to release the person from custody.
• Mechanism of Release: The release is not "unconditional" (which makes option 'a' incorrect). Instead, the officer must require the person to execute a bond, with or without sureties, as the officer may direct.
• Purpose of the Bond: The bond ensures that the accused will 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.

Information Booster

• Police Report: Even if the officer releases the accused under this section, they must still submit a final report (often called a 'Closure Report' or 'B-Report') to the Magistrate explaining why there was insufficient evidence.
• Magistrate's Power: The Magistrate is not bound by the police officer's opinion. Even if the police release the accused due to "insufficient evidence," the Magistrate can disagree, take cognizance of the offence, and issue a summons to the accused.
• Custody Limits: This section acts as a safeguard against unnecessary detention, ensuring that a person is not kept in custody if the preliminary investigation fails to establish a prima facie case.