Page No.# 1/4 GAHC010117112025 2025:GAU-AS:9965 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1873/2025 ATUL KHANIKAR S/O- LATE PURNA KANTA KHANIKAR, R/O- NA-PAM KHANIKAR GAON, P.S- GAURISAGAR, DIST-SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:MINTU BORGOHAIN S/O- LATE SASHIDHAR BORGOHAIN R/O- NAMDANG GOHAIN GAON P.S- GAURISAGAR DIST- SIVASAGAR ASSA Advocate for the Petitioner : MR PARAM HANGKHA KONWAR, MR SAURADEEP DEY,MR S BORTHAKUR Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE, R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 01.08.2025 Heard Mr. S. Dey, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam as well as Mr. S. Das, learned Amicus Curiae appearing for respondent No. 2. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Sri Atul Khanikar, who has been detained behind the bars since 25.10.2024 in connection with Special POCSO Case No. 45/2024 corresponding to Gaurisagar Police Station Case No. 21/2024 registered under Section 65(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. 3. The learned counsel for the petitioner has submitted that the petitioner is facing trial in the aforesaid case (Special POCSO Case No. 45/2024) before the Court of learned Special Judge, POCSO, Sivsagar and he is an old man of 64 (Sixty Four) years of age. It is submitted by the learned counsel for the petitioner that the prosecution side has in the meanwhile already examined 3 (Three) witnesses including the victim girl as well as the first informant and therefore, now, the petitioner may be released on bail so as to enable him to defend his case properly. He also submits that the petitioner is also seeking bail on the ground of violation of his fundamental rights guaranteed under Article 22(1) of the Constitution of India as when he was arrested though notice under Section 47 of BNSS was served on him, it did not contain any grounds of arrest Page No.# 3/4 or basic facts which necessitated his arrest in this case. 4. On the other hand, learned Additional Public Prosecutor Mr. B. Sarma as well as learned Amicus Curiae Mr. S. Das, have submitted that though there are incriminating materials against the present petitioner as the victim girl has implicated him in the offence alleged in this case, however, they have fairly submitted that the notice served on the petitioner under Section 47 of BNSS at the time of his arrest does not contain any grounds of arrest. 5. I have considered the submissions made by both sides and have gone through the scanned copies of the records of Special POCSO Case No. 45/2024. It appears from the record that the victim as well as the informant have already been examined by the Trial Court. It also appears that though notice under Section of 47 of BNSS was served on the petitioner when he was arrested, it does not contain grounds of arrest or basic facts which necessitated his arrest in the aforesaid case as the Apex Court has observed in the case of Pankaj Bansal versus Union of India and others reported in 2024 (7) SCC 576 and many other cases thereafter that any violation of the mandatory requirement of Article 22(1) of the Constitution of India of furnishing grounds of arrest, in writing, would render the arrest of an arrestee vitiated and on that count such an arrestee is entitled to get bail, and in the instant case also the petitioner is not furnished with the grounds of arrest. Hence, he is entitled to get bail for violation of his fundamental rights guaranteed to him under Article 22(1) of the Constitution of India. 6. In view of the above, the above-named petitioner is allowed to go on bail of Rs.50,000/-(Rupees Fifty Thousand only) with one suitable surety of like Page No.# 4/4 amount, subject to the satisfaction of the learned Special Judge, POCSO, Sivsagar with following conditions that:- (i) The petitioner shall co-operate in the trial of Special POCSO Case No. 45/2024; and (ii) The petitioner shall appear before the Trial Court as and when so required by the Trial Court. 7. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant