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MRIDUL KUMAR KALITA
Bittu Kumar – Appellant
Versus
State of Assam Rep by the PP – Respondent
ORDER
Heard Mr. S. Mitra, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State.
2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Bittu Kumar, who was arrested, on 15.04.2025, in connection with Noonmati P.S. Case No. 76/2025.
3. The gist of accusation in this case is that on 06.04.2025, one Dipti Timung had lodged an FIR before the Officer-in-charge of Noonmati Police Station, inter alia, alleging that at around 5:00 PM on that day when the informant entered into an SBI booth at Narangi Kalangpar Market to withdraw an amount of Rs.2000/-, he found there were two other persons inside the ATM booth who have seen the using of PIN by the informant. It is also alleged that those two persons exchanged the ATM card of the informant and later on it was found that an amount of Rs.40,000/- (Rupees Forty Thousand) has been withdrawn from the account of the informant.
4. The learned counsel for the petitioner has submitted that though the petitioner was arrested on 15.04.2025, however, after his arrest he was tortured by the police and was admitted in GMCH. He also submits that in the fo
Bail – An arrestee shall have to be produced before nearest Magistrate within 24 hours excluding time required for his production before such Magistrate, failing which his arrest gets vitiated on com....
The 24-hour period for producing an arrested person before a Magistrate starts from the moment of effective detention, not the formal arrest, ensuring adherence to constitutional safeguards against i....
Arrest must be recognized from when an individual's liberty is restrained, and failure to produce before a magistrate within 24 hours constitutes illegal detention under constitutional provisions.
Detention beyond 24 hours without magistrate oversight violates constitutional rights requiring immediate bail granting.
Arrests must comply with legal requirements, specifically the production before the nearest Magistrate within 24 hours, failing which detention is deemed illegal.
The detention of the petitioners beyond 24 hours without judicial authorization violated their fundamental rights, resulting in illegal arrest.
The court upheld the denial of bail, affirming the procedural compliance in the accused's arrest and that bail could only be granted if reasonable grounds for innocence were shown.
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