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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Dusmanta Sabar – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. bail application under pocso act. (Para 1) |
| 2. grounds for bail based on non-compliance of legal requirements. (Para 2 , 3) |
| 3. violation of fundamental rights affects bail eligibility. (Para 4) |
| 4. court's decision to grant bail due to non-compliance. (Para 5 , 6) |
| 5. final disposition of the bail application. (Para 7) |
JUDGMENT :
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Jaipatna PS Case No.287 of 2025 corresponding to CT Case No.418/89 of 2025(POCSO) pending in the file of learned ADJ Sessions Judge-cum-Special Court under POCSO Act, Kalahandi at Bhawanipatna for commission of offences punishable U/Ss.137(2)/64(2)(m) of BNS r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.
3. The only ground under which bail is sought for to the Petitioner is for want of compliance of Article 22(1) of the Constitution of India r/w Section 47 of BNSS, but law is fairly well settled that the grounds of arrest must be communicated in writing to the arrestee by the Arresting Officer within two hours before his production in the Court, how
Non-compliance with arrest procedure under Article 22(1) of the Constitution violates fundamental rights and necessitates granting bail.
Non-compliance with the requirement to inform arrestees of grounds for arrest renders the arrest illegal, mandating release on bail.
Accused's entitlement to written communication of arrest grounds was satisfied, negating bail claims under Constitutional and statutory provisions.
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.
The requirement to communicate grounds of arrest is mandatory and failure to do so renders the arrest illegal.
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.
The constitutional requirement of communicating grounds of arrest is essential, and failure to do so renders the arrest and subsequent remand illegal.
The requirement to communicate grounds of arrest is mandatory and non-compliance may vitiate the legality of the arrest.
Failure to communicate grounds of arrest violates constitutional rights, rendering the arrest illegal and warranting 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....
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