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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Mylapalli Mahesh @ Raj – Appellant
Versus
State Of Orissa – Respondent
| Table of Content |
|---|
| 1. bail application details (Para 1) |
| 2. arguments regarding arrest notice compliance (Para 3 , 4) |
| 3. non-compliance of fundamental rights (Para 5 , 6) |
| 4. court’s order on bail application (Para 7 , 8) |
JUDGMENT :
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Delanga PS Case No.379 of 2025 corresponding to GR Case No.920 of 2025 pending in the file of learned JMFC, Pipili, District-Puri for commission of offences punishable U/Ss.137(2)/ 127(2)/ 296/ 115(2)/ 142(2)/ 143/ 146/ 351(2)/3(5) of BNS, on the main allegation of illegally kidnapping and trafficking two minor victims for the purpose of employing in labour work.
3. Admittedly, the Petitioner has set up plea for bail to the Petitioner for want of compliance of the provision of Sec. 47 of BNSS/Article 22(1) of the Constitution of India, but in response to such plea, the OIC, Delang PS, Puri pursuant to an order passed by this Court on 16.03.2026 has filed an affidavit indicating therein about compliance of Sec. 47 of BNSS by stating inter alia in such affidavit the following:-
The document under Annexure-A attached to such affidavit reveals the following:-
4. On the o
Non-compliance with Section 47 of BNSS and Article 22(1) of the Constitution vitiates arrest, justifying the grant of bail.
Accused's entitlement to written communication of arrest grounds was satisfied, negating bail claims under Constitutional and statutory provisions.
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.
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.
The detention of the petitioners beyond 24 hours without judicial authorization violated their fundamental rights, resulting in illegal arrest.
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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