Kanha @ Mrutyunjaya Panigrahi vs State Of Orissa

G. Satapathy, J

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Khordha PS Case No.110 of 2025 corresponding to GR Case No.207 of 2025 pending in the file of learned JMFC, Banpur, Khordha for commission of offences punishable U/Ss.296/318(4)/318(2)/351(3)/3(5) of BNS.

Heard, Mr. Ayush Pattnaik, learned counsel for the Petitioner; Mr. Narendra Prasad Rath, learned counsel for the informant and Mr. C. Mahanty, learned Addl. Public Prosecutor in the matter and perused the record.

The Petitioner in this bail application has in fact advanced the plea for non-compliance of Sec. 47 of BNSS/Article 22(1) of the Constitution of India which speaks for mandatory communication of grounds of arrest to the accused, but on such plea of the petitioner, this Court has in fact sought for the response of the IO who in his affidavit in paragraph 6 has reiterated the following:-

"Unfortunately, notice to inform grounds of arrest, which has not been signed by the Accused."

A bare perusal of the so called notice to inform grounds of arrest U/S. 47 of BNSS as produced under Annexure C does not contain the signature of the accused. Law that has been crystallized as to the non¬compliance of grounds of arrest has been well elucidated in Mihir Rajesh Shah Vrs. State of Maharashtra; (2026) 1 SCC 500, wherein at paragraph 62, the Apex Court has observed as under:-

"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 arrest to orally convey the same to the person at the time of arrest. Later, a written copy of grounds of arrest must be supplied to the arrested person within a reasonable time and in no event later than two hours prior to production of the arrestee before the Magistrate for remand proceeding. The remand papers shall contain the grounds of arrest and in case there is delay in supply thereof, a note indicating a cause for it be included for the information of the Magistrate."

What would be the consequence of non-compliance of Sec. 47 of BNSS/ Article 22(1) of the Constitution of India has been laid down by the Apex Court in Directorate of Enforcement vrs. Subash Sharma; 2025 SCC OnLine SC 240, wherein at Paragraph-8, the Apex Court has held as under:-

"8. Once a Court, while dealing with a bail application, finds that the fundamental rights of the accused under Articles 21 and 22 of the Constitution of India have been violated while arresting the accused or after arresting him, it is the duty of the Court dealing with the bail application to release the accused on bail. The reason is that the arrest in such cases stands vitiated. It is the duty of every Court to uphold the fundamental rights guaranteed under Articles 21 and 22 of the Constitution."

On a careful scrutiny of the materials placed on record together with the so called notice of grounds of arrest as has been served on the Petitioner on 18.11.2025 immediate after his arrest does not contain his signature and thereby, it is not the statutory as well as mandatory compliance as required U/S. 47 of BNSS/ Article 22(1) of the Constitution of India. In view of the aforesaid facts and circumstances, especially when the IO has failed to comply the provision of Sec. 47 of BNSS while arresting the Petitioner, the benefit thereon must be accrued to the Petitioner. As a necessary corollary, the Petitioner is only required to be released on bail.

Hence, the bail application of the Petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.