IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Matal @ PramodNayak @ Naik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. bail applications context and case details. (Para 1 , 2) |
| 2. right to be informed of grounds of arrest. (Para 3 , 4) |
| 3. mandatory compliance in arrest procedures. (Para 5 , 6) |
| 4. bail granted and procedural orders issued. (Para 7 , 8) |
| 5. importance of compliance training for police. (Para 9) |
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
Non-compliance with the requirement to inform arrestees of grounds for arrest renders the arrest illegal, mandating release on bail.
The failure to communicate grounds of arrest renders the arrest illegal, violating constitutional rights under Article 22(1).
The failure to communicate the grounds of arrest in writing to the arrestee, in accordance with Article 22(1) of the Constitution and Section 47 of the BNSS, renders the arrest and subsequent remand ....
Failure to communicate grounds of arrest violates constitutional rights, rendering the arrest illegal and warranting bail.
Mandatory communication of written grounds of arrest under Article 22(1) and BNSS; non-compliance renders arrest illegal, entitling bail.
The applicant's illegal arrest without proper communication of grounds warranted bail as per constitutional mandates.
Non-communication of contraband quantity in arrest grounds violates Article 22(1), rendering NDPS arrest illegal, entitling bail.
Mandatory written communication of arrest grounds under Article 22(1) and BNSS Section 47; non-compliance renders arrest illegal, entitling bail.
Accused's entitlement to written communication of arrest grounds was satisfied, negating bail claims under Constitutional and statutory provisions.
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