The failure to provide written grounds for arrest violates constitutional rights, warranting bail despite serious allegations, emphasizing the presumption of innocence and right to a speedy trial.

JUDGMENT :

JASMEET SINGH, J.

1. This is a petition filed under section 483 of BNSS seeking grant of regular bail to the petitioner in FIR No. 508/2024, dated 06.10.2024 registered at PS Malviya Nagar under sections 376/354C/385 of IPC , 1860.

2. In the present case, the petitioner has been in custody since 10.11.2024.

3. Briefly stating the facts are that the respondent no. 2/complainant met the petitioner in the month of April 2022 at a theatre group, where they both used to take acting classes. Over time, they developed a close friendship, which later evolved into a romantic relationship. The petitioner also promised to marry the complainant. One day, when the petitioner and the complainant were on a video call and the complainant was changing her clothes, the petitioner started taking screenshots of the complainant without her permission. The petitioner then pressurised the complainant to enter into an agreement with the mother of the petitioner to start a marketing company by the name of „Kirdaar Marketing LLP’ and in case, the complainant refused, the petitioner threatened to leak the complainant‟s personal photos and videos on the internet. Further, the petitioner also coerced the complainant into investing a sum of Rs 5 lakhs in the said company which is stated to be transferred in the bank account of the mother of the petitioner.

4. Thereafter, on the pretext of company work, the complainant was taken to places all over India and the petitioner used to make physical relations with the complainant without her consent. Further, the complainant also threatened to kill the complainant along with her family.

5. Hence, the present FIR came to be registered.

6. Notice in the present petition was issued to the prosecutrix/complainant and the complainant is being represented through the learned counsel, namely, Mr. Himanshu Yadav, Adv.

7. Mr. Madan, learned counsel for the petitioner primarily submits that a perusal of the arrest memo issued on 10.11.2024 indicates that the petitioner was neither provided with the grounds of arrest or reasons of arrest which is complete violation of Article 22(1) of the Constitution of India. In this regard, reliance is placed upon Prabir Purkayastha vs. State (NCT of Delhi), (2024) 8 SCC 254 . The operative portion reads as under:

“19. Resultantly, there is no doubt in the mind of the Court that any person arrested for allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have to be furnished to the arrested person as a matter of course and without exception at the earliest. The purpose of informing to the arrested person the grounds of arrest is salutary and sacrosanct inasmuch as, this information would be the only effective means for the arrested person to consult his Advocate; oppose the police custody remand and to seek bail. Any other interpretation would tantamount to diluting the sanctity of the fundamental right guaranteed under Article 22(1) of the Constitution of India.

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46. Now, coming to the aspect as to whether the grounds of arrest were actually conveyed to the appellant in writing before he was remanded to the custody of the Investigating Officer.

47. We have carefully perused the arrest memo(Annexure P-7) and find that the same nowhere conveys the grounds on which the accused was being arrested. The arrest memo is simply a proforma indicating the formal 'reasons' for which the accused was being arrested.

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 th