IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Matal @ PramodNayak @ Naik – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
G. Satapathy, J.
1. Since these three bail applications arise out of one and same case record, the same are taken up & heard together and disposed of by this common order with the consent of the learned counsel for the parties.
2. These three applications U/S.483 of BNS S by the petitioners for grant of bail in connection with GR Case No. 796 of 2025 arising out of NayagarhSadar PS Case No. 178 of 2025 pending in the file of learned SDJM, Nayagarh for commission of offences punishable U/Ss.310(2)/311/111(3) of the r/w Sections 25 /27 of the Arms Act, on the main allegation of committing robbery of Rs.27,00,000/- from Indian Bank, Mandhatapur in Nayagarh District.
3. Heard Mr. Kuldeep Mohanty, learned counsel for the petitioner in BLAPL No.9180 of 2025; Mr. Devashis Panda, learned counsel appearing virtually in BLAPL No.9328 of 2025; Mr. Bijay Kumar Behera, learned counsel for the petitioner in BLAPL No.12939 of 2025 and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record.
4. Admittedly all the three petitioners seek for bail for want of communication of grounds of arrest as mandated under Article 22(1) of the Constitution of India/ Sec.47 of BNSS which
Non-compliance with the requirement to inform arrestees of grounds for arrest renders the arrest illegal, mandating release on bail.
Failure to communicate grounds of arrest violates constitutional rights, rendering the arrest illegal and warranting bail.
Accused's entitlement to written communication of arrest grounds was satisfied, negating bail claims under Constitutional and statutory provisions.
The arrest without communicating grounds violates fundamental rights under Article 22(1) of the Constitution, rendering it illegal.
The requirement of informing an arrested person of the grounds for arrest is a mandatory constitutional obligation.
The requirement to communicate grounds of arrest is mandatory and non-compliance may vitiate the legality of the arrest.
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.
Mandatory compliance with informing arrested individuals of arrest grounds under Article 22(1) of the Constitution is essential for lawful detention.
The constitutional and statutory mandate to inform arrested persons of grounds for arrest is non-negotiable, and failure to do so renders the arrest illegal.
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