IN THE HIGH COURT OF DELHI AT NEW DELHI
RAVINDER DUDEJA
Kanon Evarad @ Jekew – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT :
RAVINDER DUDEJA, J.
1. This is a bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 [“BNSS”], filed on behalf of the applicant/accused Kanon Evarad @ Kanon for the grant of regular bail in case FIR No. 33/2023, PS EOW, Mandir Marg, under Section 419/420/467/468/471/120-B/201 of the Indian Penal Code, 1860 and Section 66 read with Section 43/55 (C) & 66 (D) of the Information & Technology Act.
2. Learned counsel for the applicant/accused submits that the applicant was apprehended and arrested from Greater Noida. However, the Investigating Officer [“IO”] neither informed the concerned Police Station of Greater Noida nor made any entry to this effect at the concerned Police Station of Greater Noida. The alleged search and seizure at the applicant’s residence was not as per Section 100 of the Code of Criminal Procedure. No document has been placed on record to indicate that the alleged house from which the recovery has been affected, belongs to the applicant. IO has denied the accused of his right to consult his lawyer before he was taken out of the State. IO failed to adhere to the mandatory procedural requirement of Article 22 of the Constitution of
The court ruled that the serious nature of allegations involving significant financial fraud justified the denial of bail despite procedural claims of rights violations.
Mandatory communication of arrest grounds to the detainee is required under Article 22(1) of the Constitution.
Non-compliance with the requirement to inform an arrestee of the grounds for arrest renders the arrest illegal, violating constitutional rights.
The constitutional mandate requiring grounds of arrest to be communicated is mandatory and non-compliance renders the arrest illegal.
The mandatory requirement to inform an arrested individual of the grounds for arrest must be complied with for a lawful detention.
Mandatory communication of written grounds of arrest under Article 22(1) and BNSS; non-compliance renders arrest illegal, entitling bail.
(1) Bail – Filing of charge-sheet and cognizance of order cannot validate an unconstitutional arrest – Constitutional requirement of informing arrestee of grounds of arrest is mandatory.(2) Dictum la....
The mandatory requirement to communicate grounds of arrest must be fulfilled to uphold the legality of the arrest and safeguard the fundamental rights of the accused.
Non-compliance with the requirement to inform arrestees of grounds for arrest renders the arrest illegal, mandating release on bail.
The arrest without communicating grounds violates fundamental rights under Article 22(1) of the Constitution, rendering it illegal.
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