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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Shoma Das Wife of Shri Rajib Das – Appellant
Versus
State of AP – Respondent
Based on the provided legal document, the release on bail is not unconditional. The court has imposed specific conditions that the appellant must adhere to, such as not leaving the jurisdiction of the local court without permission, not tampering with evidence or witnesses, and appearing before the court and investigating officers as and when required. These conditions indicate that the bail is conditional and subject to compliance with the specified terms.
| Table of Content |
|---|
| 1. allegations against the accused in the fir (Para 1) |
| 2. details of the arrest process (Para 2) |
| 3. arguments related to grounds of arrest (Para 3 , 4) |
| 4. counterarguments by prosecution regarding arrest (Para 5) |
| 5. court's observations on grounds of arrest (Para 6 , 7) |
| 6. judicial precedent on grounds of arrest (Para 8 , 9) |
| 7. court's decision on legality of arrest (Para 10) |
| 8. conclusion and order for bail (Para 11 , 12 , 13) |
ORDER :
SHAMIMA JAHAN, J.
Heard Mr. S Hoque, learned counsel for the petitioner as well as Ms. T Jini, learned Addl. Public Prosecutor for the State of Arunachal Pradesh.
1. This is an application filed by the petitioner under Section 483 of the BNSS , praying for grant of bail to the accused person who was arrest on 21.03.2025 in connection with the Palin P.S Case No. 1/2025 under Section 24 (1) of the BNSS . The allegation against the accused person is reflected in the FIR dated 06.01.2025. In the FIR it is stated that on 9th September 2024 at around 6:00 pm, the accused person who was a JCB operator picked up the daughter of the informant from a shop in his vehicle and dropped her at a playground and when she was on her way back to her home, the accu
Failure to communicate grounds of arrest as required under Article 22(1) invalidates the arrest and warrants bail.
Mandatory written communication of arrest grounds under Article 22(1) and BNSS Section 47; non-compliance renders arrest illegal, entitling release on bail.
Mandatory communication of written grounds of arrest under Article 22(1) and BNSS; non-compliance renders arrest illegal, entitling bail.
The applicant's illegal arrest without proper communication of grounds warranted bail as per constitutional mandates.
Mandatory written communication of arrest grounds, including contraband quantity in NDPS cases, required; compliance proven, bail denied.
The requirement to communicate grounds of arrest is mandatory and failure to do so renders the arrest illegal.
(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....
An arrestee must be informed of the grounds for arrest as per Article 22(1) of the Constitution, and failure to do so renders the arrest illegal.
Failure to communicate grounds of arrest violates constitutional rights, rendering the arrest illegal and warranting bail.
The mandatory requirement to inform an arrestee of the grounds for arrest under Article 22(1) of the Constitution is essential for any arrest to be lawful.
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