CUTTACK, India, June 13 -- Orissa High Court issued the following Judgement on May 11:

1. This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Raighar PS Case No.93 of 2024 arising out of CT Case No.21 of 2024 for commission of offences punishable U/Ss. 370/370(3)/376-D/294/323/506 pending in the Court of learned Addl. Sessions Judge, Umarkote.

2. The case arises out of an FIR lodged by Raibabu Bag by stating therein that on 14.03.2024, one Ghasiram Harijan of his village lured his brother, sister-in-law and nephew for earning Rs.35,000/- in four months by working at Tirupati Bricks Factory. On 09.01.2024, around 14 persons of his village and another village namely Khalepara were being taken by said Ghasiram Harijan & his associates to engage them at Tirupati Bricks Kilns and accordingly, Ghasiram Harijan & his associates had handed over them to the in-charge of brick kilns and returned back to home, however, later on the informant came to know over mobile phone that the aforesaid persons were suffering a lot by working there in the brick kilns for more than eight hours without any proper wages and they have been tortured there.

On the aforesaid FIR, Raighar PS Case No. 93 of 2024 was registered and the matter was investigated into, and in the course of investigation, finding prima facie materials against the petitioner for his involvement in this case, he was taken into custody and produced before the Court, however, when the bail application of the petitioner was turned down, he is before this Court in this bail application.

3. Heard Mr.Manas Kumar Chand, learned counsel for the petitioner and Mr.P.Satapathy, learned Addl. PP in the matter and perused the record.

4. The primary ground on which bail is sought for to the petitioner is for infraction in compliance of the provision of Sec. 58 of BNSS(57 CrPC)/Article 22(2) of the Constitution of India for not producing the petitioner before the Court within 24 hours of his arrest excluding the time necessary for the journey from the place of arrest to the Court. It is not disputed that the petitioner was arrested from a place beyond the territorial jurisdiction of the Court in which the criminal case is registered, but the plea as advanced for the petitioner relates to his claim not only for his statutory right, but also for his fundamental right which cannot be withheld in any circumstance.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xyY46WK2pdIVIP%2FzfpPmW78sy%2FOUA3VN7iERTUoP%2Bbso&caseno=BLAPL/8402/2025&cCode=1&cino=ODHC010561222025&state_code=11&appFlag=)

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