Accused's entitlement to written communication of arrest grounds was satisfied, negating bail claims under Constitutional and statutory provisions.

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 said provision has been duly complied with as the petitioner was duly communicated in Odia and that too, in writing about the grounds of his arrest since the document by which the petitioner claims for infraction of the provision reveals the aforesaid communication to the accused with his signature and signature of his wife and also countersigned by the arresting officer and thereby, there is hardly any infraction of the provision of Sec.47 of BNSS / Article 22(1) of the Constitution of India, so as to render the arrest and remand of the petitioner to custody illegal necessitating his release on bail.

4. After having considered the rival submissions upon perusal of record, the petitioner has definitely set up the plea of grant of bail for want of compliance of Sec.47 of BNSS r/w Sec.22(1) of the Constitution of India and it is no more res-integra that the accused has got a valuable statutory and mandatory right to be informed/ communicated in writing about the grounds of his arrest in the language he understands immediately after his arrest and if that is not possible immediate after arrest, he shall be informed accordingly just two hours before his production in the Court. In this case, the petitioner has of course produced the arrest memo under Annexure-1 series and what has been written exactly at column no.10 therein is extracted as under:-

“Reasons/Grounds of arrest: The accused Gangadhar Nag (34) S/o Late Rasik Nag, of village Sulia, GP- Gundri, PS- Sadar, Bhawanipatna, Dist. Kalahandi transporting the explosive materials i.e. Detonators- 3 pieces in folding condition, Gelatine -ideal power-90- 4 pieces. Electric wire, Nippo Battery-10 pieces small size (AA-3 DG), solar panel- 1 piece, Mao Poster Written in Odia typing Slogan against police- 24 sheets, one black polythene, odia anti- slogan hand writing poster (Bharatiya CPI, Maobadi), Mao banner, leaflet in a jari bag without any licence or authority for delivery of the same to the Maoist to facilitates, conspired the Maoist in wagging of war against the Govt.”

5. Additionally, the document in Odia that is produced in this bail application under Annexure-1 series by the learned counsel for the petitioner discloses that the petitioner has also been communicated in writing in Odia about his grounds of arrest and such communication as made therein to the petitioner is extracted in English as under:

Grounds of Arrest

Recipient:-Gangadhar Nag(34) S/o Late Rasik Nag, of village Sulia,