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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Gangadhar Nag – Appellant
Versus
State Of Odisha – Respondent
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 grounds of his arrest and thereby, the petitioner is entitled to bail for infraction of compliance of provisions of Sec.47 of BNSS / Article 22(1) of the Constitution of India.
3.1. On the other hand, Mr. M.R. Patra, learned Addl. PP by taking this Court through the documents as produced for the petitioner submits that the sa
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 ....
Non-compliance with non-communication of arrest grounds is inapplicable retrospectively; independent witness requirement is not absolute in NDPS cases.
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 constitutional requirement of communicating grounds of arrest is essential, and failure to do so renders the arrest and subsequent remand illegal.
Failure to communicate grounds of arrest violates constitutional rights, rendering the arrest illegal and warranting bail.
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