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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANASH RANJAN PATHAK
Bijoy Dutta, S/o. Krishna Dutta – Appellant
Versus
State of Assam Represented By The PP Assam – Respondent
ORDER :
MANASH RANJAN PATHAK, J.
Heard Mr. A. M. Bora, learned Senior Counsel assisted by Mr. D. K. Baidya, learned counsel for the petitioners and Mr. M. Phukan, learned Public Prosecutor, Assam, for the State.
2. By this application filed under Section 483 BNSS, 2023, the petitioners, namely, (1) Bijoy Dutta, son of Krishna Dutta, resident of Village-Sarisha, Police Station-Karimganj, District-Sribhumi (Karimganj), Assam, (2) Imdadur Rahman, son of late Fakar Uddin, resident of Village-Dighirpar, Police Station-Badarpur, District- Sribhumi (Karimganj), Assam, (3) Numan Ahmed, son of late Khalilur Rahman, resident of Village-Dorali, Police Station- Badarpur, District- Sribhumi (Karimganj), Assam and (4) Rezzak Ali, son of Abdul Khalek, resident of Village-Mazarchar, Police Station-Aluoatichar, District-Barpeta, Assam are seeking bail in Patharkandi Police Station Case No.55/2025 corresponding to G.R. No.283/2025, registered under Sections 318(4)/316(5)/336(3)/111(4) BNS, 2023, read with Section 11 of the Public Examination (Prevention of Unfair Means) Act, in which, they were arrested on 22.02.2025 and are in custody since then.
3. Mr. Bora, learned Senior Counsel submitted that the p
The failure to inform an arrested person of the grounds for their arrest violates fundamental rights under Articles 21 and 22(1) of the Constitution, rendering the arrest illegal and justifying bail.
The court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
The failure to communicate grounds of arrest constitutes a violation of constitutional rights under Articles 21 and 22(1), rendering the arrest illegal and necessitating bail even amidst statutory re....
Violation of arrest procedures under the Criminal Procedure Code and prolonged pre-trial detention infringe on the fundamental rights of the accused, warranting the grant of bail.
The court affirmed that grounds of arrest must be communicated in writing to the accused, ensuring compliance with constitutional rights and enabling effective legal defense.
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