Calcutta High Court Grants Bail for Arrest Violations: 'Grounds Must Be Communicated in Writing' I 'Breach of Article 22(1) Makes Custody Illegal'
Sanchayita Lahkar
The Division Bench of the Calcutta High Court, comprising Justice Arijit Banerjee and Justice Apurba Sinha Ray granted bail to a petitioner accused under multiple sections of the Bharatiya Nyaya Sanhita, 2023, following findings of procedural lapses during his arrest. Observing violations of Articles 20, 21, and 22(1) of the Constitution of India, the Bench stated that the petitioner was entitled to bail subject to specific conditions.
The petitioner asserted that he had been falsely implicated by the defacto complainant and that he was not the principal accused in the matter. The case arose from Tamluk Police Station Case No. 894/24 dated 10.10.2024, filed under Sections 336(1)/336(2)/338/340(2)/318(4)/316(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023.
The petitioner's counsel submitted that at the time of arrest, the police personnel violated the directives laid down by the Supreme Court in Prabir Purkayastha vs. State (NCT) of Delhi (2024) 8 SCC 254 and Vihaan Kumar vs. State of Haryana & Anr. 2025 SCC Online SC 269, by failing to inform the petitioner about the grounds of arrest.
It was further argued that an individual who allegedly received Rs. 1,60,00,000/- in commission money was neither made an accused nor cited as a witness in the charge sheet. The defense contended that this omission demonstrated the false implication of the petitioner.
On behalf of the defacto complainant, it was submitted that the complainant had been deceived by forged documents allegedly prepared by the petitioner and others, purportedly relating to the Boro Land Territorial Council, Kokrajhar, Guwahati. It was argued that enlarging the petitioner on bail would jeopardize the complainant's pursuit of justice.
The learned counsel for the State opposed the bail application. It was submitted that the petitioner had been informed about the grounds of arrest at the time of his apprehension. The State contended that the communication, even if oral, suffices under the constitutional and statutory framework. It was argued that Article 22(1) of the Constitution of India does not mandate written communication of arrest grounds and that Sections 50 of the Cr.P.C. and Section 47 of the BNSS support such an interpretation.
The State cited the Supreme Court decision in Pankaj Bansal vs. Union of India & Ors. (2024) 7 SCC 576 to assert that although the written communication of arrest grounds is preferable, it is not mandatory unless explicitly prescribed.
The State stated that the case diary entries corroborated that due legal formalities were observed during the petitioner's arrest. It was also noted that the petitioner had moved for bail before the concerned court immediately after being produced, indicating that he was aware of the charges against him.
Upon examination of the Memo of Arrest, the court recorded: "We do not find any whisper in the printed form of Memo of arrest indicating that the petitioner was informed about the ground of arrest."
The Division Bench extensively relied on the judgments cited by the petitioner. Quoting from Prabir Purkayastha, the court observed: "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 judgment further stated: "The right to life and personal liberty is the most sacrosanct fundamental right guaranteed under Articles 20, 21, and 22 of the Constitution of India."
The Bench stated the necessity of strict adherence to constitutional safeguards by observing: "Any attempt to violate such a fundamental right, guaranteed by Articles 20, 21, and 22 of the Constitution of India, would have to be dealt with strictly."
Quoting Vihaan Kumar, the court noted: "There is no valid reason as to why a copy of such written grounds of arrest should not be furnished to the arrested person as a matter of course and without exception."
The Bench further recorded: "When the law, as interpreted by the Hon'ble Supreme Court, dictates one thing to be done in a particular manner, the same is to be done in the same manner only, and not in any other manner or mode."
Accordingly, the court found that the failure to provide the grounds of arrest in writing constituted a serious violation of the petitioner's constitutional rights, warranting his release on bail.
The court ordered the release of the petitioner, Somnath Banerjee, on bail, directing:
"The petitioner namely, Somnath Banerjee may find bail of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each out of which one must be local subject to the satisfaction of the Learned Chief Judicial Magistrate, Tamluk."
Additional conditions imposed were:
- The petitioner shall not intimidate witnesses or tamper with evidence.
- The petitioner shall remain within the jurisdiction of Madhyamgram Police Station except for attending court proceedings.
- The petitioner shall meet the Inspector-in-Charge of Madhyamgram Police Station once a week until further orders.
- The petitioner shall attend court hearings without fail.
The court cautioned that "if the petitioner fails to comply with any of the above conditions as stipulated herein above, the bail granted to him shall be cancelled by the concerned court without further reference to the Hon'ble Court."
Advocates Representing the Parties:
For the Petitioner: Mr. Soumen Dutta, Mr. Subham Dutta, Mr. Partha Sarathi Basu, Ms. Juthika Barman
For the State: Mr. Debasish Roy, Ms. Anasuya Sinha, Mr. Shiladitya Banerjee
For the Defacto Complainant: Mr. Soubhik Mitter, Mr. Sabir Ahmed, Mr. Somnath Adhikary, Mr. Ezaz Ahmed
Case Title: Somnath Banerjee vs. The State of West Bengal
Case Number: CRM (DB) No. 62 of 2025
Bench: Justice Arijit Banerjee and Justice Apurba Sinha Ray
[Read/Download order]
