Gopal Nahak v. State of Odisha
Case brief
What is this about?
Anticipatory bail (ABLAPL No.3248 of 2025), High Court of Orissa, Justice V. Narasingh, order dated 21.07.2025; conditional surrender-and-release scheme instead of immediate pre-arrest bail; offences under Sections 126(2), 296 and 351(3) BNS 2023 and Section 12 POCSO Act (Amended); underlying matters G.R. Case No.05 of 2025 and Khallikote P.S. Case No.30 of 2025 before Addl. Sessions Judge-cum-Special Judge (POCSO), Khallikote; protective conditions: no intimidation of victim/family, weekly police-station reporting till investigation concludes, cooperation with investigation, cancellation on violation; variance open on threat perception; verification of Apex Court challenge before release; inadvertent S.74 BNS reference sought deleted; Vakalatnama corrected to Informant Jyoshna Parida (counsel A. Tripathy).
What did the court decide?
Conditional pre-arrest bail protection: on surrender within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to conditions that he shall not intimidate the victim and her family, shall appear before the jurisdictional Police Station once a week till conclusion of the investigation (with certification to the Court in seisin), shall cooperate with the ongoing investigation, and any violation shall entail cancellation in accordance with law; variance of the order is open to the prosecution/Informant/Victim on threat perception, and the releasing Court must verify any challenge to this order before the Apex Court.