Amit Tiwari vs. State (Nct Of Delhi)

2026

By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), though the applicant seeks to challenge his arrest as also remand, however, he seeks to press only for grant of regular bail (prayer ii) of the present bail application in proceedings arising out of FIR No.53/2025 dated 26.01.2025 registered at PS: Ghazipur, Delhi under Sections 103(1)/238(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

All throughout, learned counsel for the applicant has only sought a This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2026 at 11:28:07

Per contra, learned APP relying upon the Status Report submits that, though the applicant was informed of the ‘Grounds of Arrest’, however, the said mandate has been complied with only ‘orally’. The learned APP in any event, submits that mere absence of furnishing of written grounds of arrest does not ipso facto render the arrest illegal, unless it results in demonstrable prejudice or denial of fair opportunity to defend and therefore, cannot be a valid ground for grant of bail herein. Moreover, the applicant is seeking to raise the said ground at a belated stage, which is impermissible. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2026 at 11:28:07

On merits, learned APP also submits that the allegations against the applicant are grave and serious in nature wherein he has strangulated the deceased with his arm, placed her body in a suitcase, carried it in the boot of his car to Khora Road, and later poured diesel over the trolley bag, set it on fire with a matchstick, and fled the scene.

In support thereof, relying upon the recent judgment passed by the Hon’ble Supreme Court in State of Meghalaya vs. Sonam Raghuvanshi: 2026 SCC OnLine SC 1392, learned counsel for complainant contends that non-furnishing of the grounds of arrest cannot be taken as the sole criterion while adjudicating the present application that too at a belated stage.

This Court has heard learned counsel for the applicant, learned APP as also the counsel for the complainant and perused the materials available on record along with the judgments cited.

Considering the clear dicta of the Hon’ble Supreme Court in Pankaj Bansal (supra) and Vihaan Kumar (supra) to the effect that non- furnishing of grounds of arrest to an arrestee and to his friends/ family members/ relatives in writing in a language s/he/they understand would tantamount to infringement of the arrestee’s fundamental rights under Article(s) 21 and 22 of the Constitution of India, and render such an arrest illegal. In fact, the same has also been reiterated by the Hon’ble Supreme Court thereafter in Prabir Purkayastha (supra), and it has also been held therein that the same also includes arrests under all circumstances irrespective of the Statute involved, and that the said (non-)supply of grounds of arrest to the applicant is a vital factor for consideration while granting bail. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2026 at 11:28:07

That supply of specific ‘Grounds of Arrest’ to an arrestee like the applicant in writing is essential to enable him to seek effective recourse to appropriate remedies at the relevant time, the same has been reiterated in Mihir Rajesh Shah (supra) as well. Therefore, (non-)supply of the ‘Grounds of Arrest’ to an arrestee like the applicant in writing contravenes the provisions under Article(s) 21 and 22 of the Constitution of India as it is deprivation of his life and personal liberty. As such, any such arrest which is contrary to and/ or which is not in accordance with law has been held as violative of the fundamental rights of an arrestee like the applicant guaranteed under Article 22(1) of the Constitution of India, thus, making his arrest illegitimate.

Adverting to the case on hand, the Arrest Memo dated 26.01.2025 herein is, admittedly, materially silent on both the ‘Grounds of Arrest’ and ‘Reasons of Arrest’. The requirement of furnishing the said ‘Grounds of Arrest’ to an arrestee, as distinct from merely citing the ‘Reasons for Arrest’ for the purpose of seeking remand, has assumed considerable significance in light of the afore-cited judicial pronouncements. In fact, the Hon’ble Supreme Court in Prabir Purkayastha (supra) has categorically drawn a clear and unequivocal distinction between the expression ‘Grounds of Arrest’ and the ‘Reasons for Arrest’, underscoring the constitutional mandate to strictly furnish upon the arrestee the ‘Grounds of Arrest’ in writing.

Even otherwise, a bare perusal of the Arrest Memo dated 26.01.2025 reflects that the same only mechanically records the ‘Reasons/ Grounds of arrest’, without any specifications therein as to why and under what circumstances is the applicant being arrested. The relevant extract This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2026 at 11:28:07

In fact, the relevant extract from the reply/ Status Report filed by the State before the learned Trial Court while opposing bail of the present applicant, for ease of reference, is also reproduced as under:- “1. At the time of arrest, arrest memo was read over to the accused and he also read the arrest memo before signing the same. In the arrest memo reason of arrest already mentioned… ...”

Thus, as evident therefrom, only the aforesaid Arrest Memo dated 26.01.2025 was read to the applicant.

Lastly, since there is no dispute that the applicant had only filed one application seeking grant of regular bail before the learned Trial Court, which was dismissed on 02.04.2026, and wherein the applicant had raised the very same issue of (non-)supply of the ‘Grounds of Arrest’ to him.

Accordingly, in view of the established legal position in Pankaj Bansal (supra), Prabir Purkayastha (supra) and Vihaan Kumar (supra) as applied by this Court in BAIL APPLN. 638/2026 entitled ‘Mohd Atif vs. The State of NCT of Delhi (Through SHO PS Crime Branch)’ order The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2026 at 11:28:07

As such, the applicant be released on regular bail in the proceedings arising out of FIR No.53/2025 dated 26.01.2025 registered at PS: Ghazipur, Delhi under Sections 103(1)/238(a) of the BNS, subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) alongwith one surety of the like amount by a family member/ friend having no criminal case pending against him and subject to the satisfaction of the learned Trial Court, and further subject to the following conditions:- a) The applicant shall not leave the country without prior permission of this Court and shall ordinarily reside at the address provided in the Trial Court record i.e. Plot No. A-19, Khasra No. 2020, Shiva Global City-iv, Main Road Dairy Scanner, PS- Badalpur, Dadri, Gautam Buddha Nagar (U.P.) and in case of any change in the residential/ permanent address/ contact details/ phone number, the applicant shall inform the same to the IO concerned. b) Applicant shall surrender his Passport, if any, to the IO concerned within three days of his release and shall join and participate in the investigation as and when called by the IO. c) Applicant shall provide all his mobile numbers to the IO concerned which shall be kept in working condition at all times. d) The applicant, upon return to his hometown in U.P., shall mark his presence once in two months before PS-Badalpur, Dadri, Gautam Buddha Nagar (U.P.). This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2026 at 11:28:07

The present application is disposed of in the aforesaid terms.

Needless to say, observations made hereinabove, if any, on the merits of the matter are purely for the purposes of adjudicating the present application and shall not be construed as expressions on the merits therein.

Similarly, it is also made clear that the aforesaid non-supply of the ‘Grounds of Arrest’ shall not deter the prosecution from proceeding with the re-arrest of the applicant in accordance with law, if, as and when required.