IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.4000 of 2026 (In the matter of application under Section 483 of BNSS, 2023).

Sonu@Sonu Nigam Biswal … Petitioner -versus-

State of Orissa … Opposite Party For Petitioner : Mr. A. Tripathy, Advocate For Opposite Party : Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY DATE OF HEARING & JUDGMENT:07.05.2026(ORAL)

G. Satapathy, J.

1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Nayagarh P.S. Case No.456 of 2025 corresponding to G.R. Case No.1363 of 2025 pending in the file of learned S.D.J.M. Nayagarh, for commission of offences punishable U/Ss.318(2)/336(3)/340(2)/61(2)/111/3(5)

of BNS r/w Sec.65/72 of the IT Act.

2. Heard, Mr. Amitav Tripathy, learned counsel for the petitioner appearing and Mr. P. Satpathy, learned Addl. Public Prosecutor in the matter and perused the record.

3. One of the ground under which the Petitioner has sought for bail is noncompliance of the provision of Section 47 of BNSS r/w Sec.22(1) of the Constitution of India. Section 47 of BNSS prescribes that “every police officer or other persons arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest” and Sub- section 2 therein, provides that where a police officer arrest without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for the surety on his behalf. Besides, it is made imperative for the arresting officer to inform the grounds of arrest in view of the article 22(1) of the Constitution of India, which precisely cast a duty on the arresting officer to inform the grounds of arrest to the arrestee. What is the primary objective behind informing the ground of arrest has been succinctly laid down and explained by a plethora of decisions and the objective behind informing the arrestee to know precisely about the accusation against him so as to enable him to engage a counsel of his choice for meaningful defence. The provisions are not empty formalities, but are statutory as well as constitutional guarantee to an arrestee and it aims at providing safeguard to the arrestee from illegal detention and arrest.

4. It is no more res-integra that the law that has been evolved is that the arrestee must be informed of the grounds of arrest in writing in the language he understands and that too, if not possible immediate after the arrest, at any time just two hours prior to his production before a Magistrate. In this regard, this Court considers it proper to refer to paragraphs-47 and 62 of the decision in Mihir Rajesh Shah Vrs. State of Maharashtra; (2026) 1 SCC 500; which reads as under:-

“47. Another aspect, which flows from the above discussion and merits consideration is the mode of informing grounds of arrest to the arrested person to effectively serve the intended purpose of Article 22(1) of the Constitution of India. This Court, as observed above, had held that it would not be ideal to read out the grounds of arrest to a person who is arrested, as he may not be in the frame of mind to remember the contents of grounds that are read out to him. The Court underscored that if the authorities are permitted to read out the grounds and claim compliance with the constitutional and statutory mandate, the very purpose of the constitutional protection would be nugatory.

62. xx xxx xx in cases where the police are already in possession of documentary material furnishing a cogent basis for the arrest, the written grounds of arrest must be furnished to the arrestee on his arrest. However, in exceptional circumstances such as offences against body or property committed in flagrante delicto, while informing the grounds of arrest in writing on arrest each is rendered in practical, it shall be sufficient for the police officer or other person making the arres