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2025 Supreme(Online)(Ori) 2993

ORISSA HIGH COURT
V. Narasingh, J
Abhishek Nepak – Appellant
Versus
State of Odisha (Vig.) – Respondent
ABLAPL No.9140 of 2025 | ABLAPL No.9275 of 2025



Advocates:
For the Appellants/Petitioners: Mr. D.R. Bhokta
For the Respondents: Mr. M.S. Rizvi

Pre-arrest bail granted under specific conditions, considering familial relationship and cooperation with investigation.

Headnote:This judgment concerns pre-arrest bail applications under Sections 13(2) read with 13(1)(b)/12 of P.C. (Amendment) Act, 2018, relating to Koraput P.S. Case No.25 of 2025. The applicants, family members of the principal accused, claim protection owing to their relationship. The court orders conditional bail upon arrest and emphasizes cooperation with the investigation. The core issue revolves around the nature of the allegations and the request for bail based on familial ties. The court finds that the applicants' relationship alone does not justify bail denial and ensures their release under specified conditions. The applications stand disposed accordingly.

ORDER

12.08.2025 Order No.

01. 1. Since both the matte rs arise out of Koraput P.S. Case No.25 of 2025, they are heard together and disposed of by this common order on the consent of the parties.

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The Petitioners are seeking pre-arrest bail in connection with V.G.R Case No.17 of 2025 pending in the Court of learned Special Judge(Vigilance), Jeypore, arising out of Koraput P.S. Case No.25 of

2025 for commission of offence punishable under Sections 13(2) read with 13(1)(b)/12 of P.C.

(Amendment) Act, 2018.

4. It is submitted by the learned counsel that the Petitioner in ABLAPL No.9140 of 2025 is the son and the Petitioner in ABLAPL No.9275 of 2025 is the wife of the principal accused and they are cited as accused only because of such relationship. Hence, they may be protected by pre-arrest bail.

5. Learned counsel for the Vigilance Department opposes such prayer.

6. Taking into account the nature of allegations and the basis of implication, it is directed that in the event of arrest of the Petitioners in connection with the aforesaid case, they shall be released on bail by the Arresting Officer on such terms and conditions deemed just and proper with further conditions that they will cooperate with the investigation.

7. It is needless to state that the Petitioners shall cooperate with the ongoing investigation and shall appear before the I.O as and when summoned. Till the submission of final form the Petitioners shall not leave the state of Odisha without specific permission of the learned Court in seisin.

8. In the event there is non-cooperation, it shall be open for the Vigilance Authority to seek variance of this order.

9. Accordingly, the ABLAPL stands disposed of.

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