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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Gangadhar Nag – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. bail application and relevant provisions. (Para 1 , 2) |
| 2. arguments on non-communication of grounds of arrest. (Para 3) |
| 3. criteria for granting bail under uap act. (Para 4 , 9 , 10) |
| 4. compliance of communication requirements for arrest. (Para 5 , 6 , 7 , 8) |
| 5. final rejection of bail application. (Para 11) |
JUDGMENT :
G. Satapathy, J.
1. This is a bail application U/S.483 of BNS S by the petitioner for grant of bail in connection with Bhawanipatna Sadar PS Case No.530 of 2025 corresponding to CT Case No.1135 of 2025 pending in the file of learned SDJM, Bhawanipatna, Kalahandi for commission of offences punishable U/Ss.147/ 148/ 149/ 150 of r/w Sec.17 & 18 of Unlawful Activities (Prevention) Act & Sec.17 of Criminal Law Amendment Act and Sec.4 & 5 of Explosive Substances Act.
2. The petitioner seeks for bail for want of compliance of Sec.47 of BNSS / Article 22(1) of the Constitution of India.
3. In the Course of hearing, Mr. Sisira Panigrahi, learned counsel for the petitioner by drawing attention of the Court to law laid down by Apex Court in Mihir Rajesh Shah Vrs. State of Maharashtra ; (2026) 1 SCC 500 submits that the accused was not communicated in writing the gr
Accused's entitlement to written communication of arrest grounds was satisfied, negating bail claims under Constitutional and statutory provisions.
Non-compliance with the requirement to inform arrestees of grounds for arrest renders the arrest illegal, mandating release on bail.
Non-compliance with arrest procedure under Article 22(1) of the Constitution violates fundamental rights and necessitates granting bail.
Non-compliance with Section 47 of BNSS and Article 22(1) of the Constitution vitiates arrest, justifying the grant of bail.
An individual's right to be informed of the grounds for their arrest is essential, and failure to comply with statutory provisions renders the arrest invalid, justifying bail.
The court held that non-compliance with written communication of grounds of arrest does not invalidate arrests prior to established precedent, affirming that detailed merit analysis is not warranted ....
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