Cuttack: Orissa high court has granted bail to an accused in a Pocso case after finding a clear violation of mandatory procedure for communicating grounds of arrest.The ruling came on Feb 2 while allowing the accused’s bail application in connection with a case pending before the special Pocso court in Bhawanipatna. The accused faces allegations of kidnapping and rape.On examining the records, Justice Gourishankar Satapathy noted serious discrepancies in the arrest documentation. While the certified copy of the grounds of arrest bore a signature purportedly of the petitioner, the memo of arrest reflected a different signature.The court also observed the absence of the arresting officer’s signature on the grounds of arrest. On a comparative assessment, Justice Satapathy held that these inconsistencies cast doubt on whether the constitutional requirement had been properly complied with.Holding that the mandate of Article 22(1) — which makes it mandatory to inform an arrestee the grounds of arrest in writing — was not done in this case, Justice Satapathy said it had “no option left” but to grant bail.“When a duty is cast upon a public official to do certain thing in a certain way, the same has to be done in that way, but no further explanation can be accepted to consider that the said document has been substantially complied with. Article 22(1) makes it mandatory for informing the grounds of arrest in writing to the arrestee, which has not been done in this case,” Justice Gourishankar Satapathy observed while directing that the petitioner be released on bail on furnishing a bond of Rs 25,000 with one solvent surety of similar amount, subject to conditions which include not contacting the survivor or visiting her house or village, and not threatening, inducing, or influencing the girl or other witnesses.
