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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.Satapathy
Jati @ Susanta Rout – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. fundamental rights are violated in unlawful detention. (Para 8) |
| 2. bail granted based on illegal detention. (Para 9 , 10 , 11) |
JUDGMENT :
1. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
2.1 The allegations in brief are that on 04.01.2025 at about 04:45PM, while Kuntala Gouda and Sweety Gouda were going to Purushottampur from their village Chadhiapalli by an auto rickshaw, the driver of the said auto rickshaw took them away towards Rambha area, instead of Purushottampur and threw away them at the road side by spraying some poisonous substance on their nose and taking away some gold ornaments weighing 2 tola gold neckless and 80 Grams silver ornaments, when they become unconscious. The aforesaid two persons were rescued by Rambha Police and admitted to Chattrapur Hospital. On this incident, the son of Kuntala Gouda lodged an FIR on 05.01.2025 paving the way for registration of Purushottampur PS Case No. 14 of 2025 and in the course of investigation, the involvement of the present Petitioners were allegedly unearthed and t
The detention of the petitioners beyond 24 hours without judicial authorization violated their fundamental rights, resulting in illegal arrest.
Non-compliance with the requirement to inform arrestees of grounds for arrest renders the arrest illegal, mandating release on bail.
Non-compliance with Section 47 of BNSS and Article 22(1) of the Constitution vitiates arrest, justifying the grant of bail.
An illegal arrest vitiates the grounds for denying bail, emphasizing the protection of fundamental rights under Articles 21 and 22 of the Constitution.
The right to be informed of the grounds of arrest is fundamental under Article 22(1), and failure to communicate such grounds renders the arrest and subsequent remand illegal.
Detention from the time of the raid constituted a violation of the Applicant's rights under Articles 21 and 22(2) of the Constitution, leading to the grant of bail with stringent conditions.
The court established that failure to inform an arrestee of grounds for arrest promptly renders detention illegal, violating constitutional safeguards under Articles 21 and 22.
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