CUTTACK: The Orissa High Court has granted bail to an accused in a cyber fraud case, holding that the investigating agency failed to comply with the mandatory requirement of communicating the grounds of arrest in writing.
Allowing the bail application of Rakesh Choudhury recently, Justice Gourishankar Satapathy observed that non-compliance with the statutory and constitutional safeguards governing arrest entitled the petitioner to be released on bail.
Holding that the lapse ensured the benefit of the accused, the court directed Choudhury’s release on bail on furnishing a bond of `50,000 with two solvent sureties of the like amount, subject to conditions imposed by the trial court. Choudhury was arrested in connection with Cyber Crime & Economic Offences registered at the cyber police station in Cuttack. According to the prosecution, he was allegedly involved in opening fake business bank accounts by using mobile phones, debit cards and other electronic instruments of unsuspecting persons without their knowledge. These mule accounts were allegedly used to route illegal funds through multiple banking transactions.
During the hearing, it was argued on behalf of the petitioner that the arrest was illegal as the investigating officer had failed to comply with Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Article 22(1) of the Constitution, which require that the grounds of arrest be communicated in writing in a language understood by the arrested person. The state, through an affidavit filed by the investigating officer, claimed compliance with the provision.
However, after examining the records, Justice Satapathy found no material to establish that the petitioner had been furnished the written grounds of arrest. “This court does not find anything to evidence that the arresting officer has communicated to the petitioner the grounds of arrest in writing in the language he understands,” the judge observed.