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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Debaraj Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. service of notice and absence of informant (Para 1 , 2) |
| 2. petitioner's request for pre-arrest bail and state's opposition (Para 3 , 4 , 5) |
| 3. analysis of the statements and bail consideration (Para 6 , 7) |
| 4. conditions for granting bail and orders pertaining to the case (Para 8 , 9 , 10 , 11) |
| 5. final remarks on proceedings and disposal (Para 12 , 13) |
ORDER :
1. At the outset, it is submitted by the learned counsel for the State that notice of this application has been served on the informant, but there is no appearance on behalf of the informant when the matter is called.
3. The Petitioner is seeking pre-arrest bail in connection with C.T. Special(P) No.62 of 2025 pending on the file of learned Special Judge, Dhenkanal, arising out of Motonga P.S. Case No.366 of 2025 for commission of offences punishable under Sections 64(2)(f) of BNS, 2023[Section 64. Punishment for rape.—
(1) xxx xxx
(2) Whoever,---
(a) xxx xxx
(b) xxx xxx
(c) xxx xxx
(d) xxx xxx
(e) xxx xxx
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; Interim order passed earlier shall continue till the next date.
xxx xxx xxx], 7
The court ruled that anticipatory bail considerations are applicable when no prima facie case is established against the accused, reflecting the principle that disciplinary actions by a teacher do no....
Pre-arrest bail cannot be granted as a matter of course where serious allegations and potential interference with investigations are present.
The severity of allegations and the necessity of custodial interrogation are crucial factors in determining the grant of anticipatory bail.
Pre-arrest bail under BNSS requires exceptional circumstances; custodial interrogation deemed necessary for ongoing investigation.
Pre-arrest bail is denied due to the seriousness of allegations and necessity for custodial interrogation.
Pre-arrest bail is granted when prosecution lacks supporting evidence from the victim.
Anticipatory bail in serious offences, particularly those involving minors, requires careful consideration of the allegations and the potential impact on the investigation.
The court held that granting pre-arrest bail is inappropriate where there is a strong prima facie case, and where custodial interrogation is necessary to protect the integrity of the investigation.
Pre-arrest bail is not granted as a matter of course; it requires substantial justification, particularly in serious cases.
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