Allowed¶30

Mridul Gogoi v. the State of Assam

Gauhati HC5 Feb 2025Bail Appln./272/2025

Case brief

AI extract

What is this about?

Regular bail — S. 483 BNSS 2023 application — grounds/reasons of arrest not disclosed in Notice u/S 47 BNSS, 2023 — violation of Article 22(1), Constitution of India — arrest/detention held illegal — offences u/Ss. 318(3)/318(4)/336(3)/340(2)/316(5) BNS, 2023 (alleged defrauding of money, Agrim Aawas FIR, Bongaigaon P.S. Case No.06/2025) — relied on Prabir Purkayastha v. State (NCT of Delhi) (2024) 8 SCC 254 and Pranab Kumar Ghosh v. CBI (Bail Appln. 3777/2024, Gauhati HC) — bail granted, ₹20,000/- with like surety, CJM Bongaigaon.

What did the court decide?

Regular bail granted: petitioner Mridul Gogoi to be released on bail of Rs. 20,000/- with a surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon; bail application disposed of with the above direction. ¶30

Mridul Gogoi Vs the State of Assam — Cheating and Forgery | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the failure of the Notice under Section 47 BNSS, 2023 to disclose the reasons or grounds of arrest renders the petitioner's arrest and detention illegal. +1 more

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Court's answer

Wherever a Notice under Section 47 of the BNSS, 2023 is issued against a person before his arrest, he must be informed about the grounds or reasons for his arrest, which is mandatory in law.

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Ratio / Principle

In this case the Notice under Section 47 shows the police did not inform the petitioner of the reasons or grounds of arrest; this is a clear violation of the law of the land, and the detention of the petitioner is therefore illegal.

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Key takeaways

Accordingly, the bail application of the petitioner is allowed.ratio¶30
The petitioner shall be released on bail of Rs. 20,000/- with a surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon.ratio¶31

Detailed headnote1 paragraphs

Gauhati High Court (Parthivjyoti Saikia, J.), 06.02.2025, Bail Appln./272/2025 — Mridul Gogoi v. State of Assam. Petitioner, an employee of M/s. Agrim Aawas, Bongaigaon, was arrested in Bongaigaon P.S. Case No.06/2025 under Sections 318(3)/318(4)/336(3)/340(2)/316(5) BNS, 2023 pursuant to a Notice under Section 47 BNSS, 2023. Relying on Prabir Purkayastha v. State (NCT of Delhi), (2024) 8 SCC 254, and Pranab Kumar Ghosh v. CBI (Bail Application No.3777/2024, Gauhati High Court), the Court held that whenever such a notice is issued before arrest, communicating the grounds or reasons of arrest is mandatory in law, the right flowing from Article 22(1) of the Constitution of India. The notice in this case disclosed no reasons or grounds of arrest — a clear violation of the law of the land — rendering the detention illegal. Bail application allowed; petitioner directed to be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon.

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GAHC010021642025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./272/2025

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MRIDUL GOGOI S/O CHENIRAM GOGOI R/O VILL-GORAIMARI NEAR AIR FORCEGATE,SALONIBARI OUT POST, P.S. TEZPUR, DIST.SONITPUR, ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM,

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:: BEFORE ::

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HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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O R D E R

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06.02.2025

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Heard Mr. B.K. Mahajan, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam.

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2. This is an application under Section 483 of the BNSS, 2023 praying for granting regular bail to the petitioner namely, Mridul Gogoi after he was arrested in connection with Bongaigaon P.S. Case No.06/2025 under Section 318(3)/ 318(4)/ 336(3)/340(2)/316(5) of the BNS, 2023.

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3. M/s. Agrim Aawas, Bongaigaon had lodged an FIR before police alleging that the present petitioner being their employee had defrauded large amount of money. Thereafter, the Notice under Section 47 of the BNSS, 2023 was issued to the present petitioner and he was arrested and is presently lodged in judicial custody.

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4. Mr. Mahajan has pointed out that the Notice under Section 47 of the BNSS, 2023 does not disclose the reason or grounds for which the present petitioner was arrested by police. In order to buttress his point, Mr. Mahajan has relied upon a decision of this Court that was delivered in Pranab Kumar Ghosh -versus- The Central Bureau of Investigation (CBI) in Bail Application No.3777/2024. Paragraph 16 of the said judgment is quoted as under:

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“ 16. Coming to the issue raised by the learned counsel for the petitioner in regards to the communication of grounds of arrest, it is seen that there is no separate grounds of arrest provided to the present accused/petitioner, though the reasons of arrest in brief was communicated to the present petitioner at the time of his arrest and his signature was also accordingly obtained in the Arrest Memo. But, as per the view of the Hon’ble Apex Court for the proper compliance of the provision, the grounds of arrest has to be specific and it should be in writing by mentioning all particulars of the case and the grounds under which the accused was arrested and forward. Thus, it cannot be held that there is proper compliance in regards to Section 47(1) of the BNSS which is mandatorily required, though from the Forwarding Report and the materials available in the Case Diary it is seen that the reasons of arrest was being communicated to the accused/ petitioner. It is a fundamental right guaranteed under Article 22(1) of the Constitution of India and the accused has the right to be informed about the grounds of arrest in writing.”

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5. Mr. Mahajan further relied upon another decision of the Hon’ble Supreme Court that was delivered in Prabir Purkayastha –versus- State (NCT of Delhi), reported in (2024) 8 SCC 254. Paragraphs 19, 21 and 48 of the said judgment are quoted as under:

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“ 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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21. The right to be informed about the grounds of arrest flows from Article 22(1) of the Constitution of India and any infringement of this fundamental right would vitiate the process of arrest and remand. Mere fact that a charge-sheet has been filed in the matter, would not validate the illegality and the unconstitutionality committed at the time of arresting the accused and the grant of initial police custody remand to the accused.

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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 tempering 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.”

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6. I have considered the submissions made by the learned counsel of both sides.

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7. Whenever a Notice under Section 47 of the BNSS, 2023 is issued against a person before his arrest, he must be informed about the grounds or reasons for his arrest which is mandatory in law.

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8. In this case, the Notice under Section 47 shows that police did not inform the petitioner the reasons or grounds for which he was being arrested. This is a clear violation of the law of the land and for this reason, the detention of the petitioner in

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this case is illegal.

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9. Therefore, the bail application of the present petitioner is allowed.

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10. The petitioner Mridul Gogoi who was arrested in connection with Bongaigaon P.S. Case No.06/2025 under Section 318(3)/ 318(4)/ 336(3)/340(2)/316(5) of the BNS, 2023, shall be allowed to go on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon.

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With the above direction, the bail application is disposed of.

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JUDGE

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Comparing Assistant

Mridul Gogoi v. the State of Assam

Case brief

What is this about?

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Mridul Gogoi v. the State of Assam

Case brief

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