Detailed arrest memo recording confession of precise acts constituting offence, with offence informed, signed by arrestee and copy served, constitutes valid written communication of grounds of arrest, enabling understanding and defence.

JUDGMENT :

Ravindra Maithani, J.

Applicant is in judicial custody in Case Crime No. 181 of 2024, under Section 302 and 120B IPC, Police Station Doiwala, District Dehradun. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. This is second bail application of the applicant. His first bail application was rejected on merits on 14.11.2025.

4. Learned counsel for the applicant submits that the applicant has not been informed the grounds of arrest. Therefore, he is entitled to bail. He would refer to the order of this Court passed on 17.12.2025, in 2^nd Bail Application No. 164 of 2025, Yogesh Chand Aggarwal Vs. Central Bureau of Investigation . Particularly to paras 34 and 48 (iii) have been referred to.

5. In para 34 of the order, in the case of Yogesh Chand Aggarwal (supra), this Court has observed as to what are the grounds of arrest. The Court observed as follows:-

“34. What are the grounds of arrest? It may be noted that the “grounds of arrest” and the “reasons of arrest” are two separate concepts. It is also settled law that in a cognizable offence, the police may arrest without warrant. But, it is not necessary that in every cognizable offence, the accused must be arrested. “Power to arrest” is one thing and “necessity to arrest” is different. As such, what is “ground of arrest” has not been defined anywhere. In the case of Prabir Purkayastha (supra), in para 49 of the judgment, the Hon’ble Supreme Court discussed the concept of grounds of arrest and the reasons of arrest in the following words:-

“48. It may be reiterated at the cost of repetition that there is a significant difference in the phrase “reasons for arrest” and “grounds of arrest”. The “reasons for arrest” as indicated in the arrest memo are purely formal parameters viz. to prevent the accused person from committing any further offence; for proper investigation of the offence; to prevent the accused person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; to prevent the arrested person for making inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the investigating officer. These reasons would commonly apply to any person arrested on charge of a crime whereas the “grounds of arrest” would be required to contain all such details in hand of the investigating officer which necessitated the arrest of the accused. Simultaneously, the grounds of arrest informed in writing must convey to the arrested accused all basic facts on which he was being arrested so as to provide him an opportunity of defending himself against custodial remand and to seek bail. Thus, the “grounds of arrest” would invariably be personal to the accused and cannot be equated with the “reasons of arrest” which are general in nature.”

6. In para 48, in the case of Yogesh Chand Aggarwal (supra), this Court has summed up the principles as follows:-

“48. The legal position may, therefore, be summed up as below:-

(i) After the judgment in the case of Mihir Rajesh Shah (supra), the grounds of arrest must be communicated in writing to an arrestee.

(ii) Before the judgment delivered in the case of Mihir Rajesh Shah (supra), it was open to the person effecting arrest to decide the mode and method of communicating the grounds of arrest in such a manner that the object of the constitutional safeguard is achieved and if the police wants to prove communication of the grounds of arrest