Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
Live LawThe Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail. To reach to this conclusion, the Court relied upon Apex Court’s rulings in the case of Sadhna Chaudhary Vs. State of Rajasthan & Anr., reported in 2022 AIC 205 and Prem Shankar Prasad vs. After being booked under Section 306 IPC, they moved to the High Court seeking anticipatory bail on the ground that they have been falsely implicated in the case due to ulterior motives. Taking into account the submissions of the Counsels for both the parties and the law laid down by the Supreme Court, the Court refused to grant them anticipatory bail by observing thus: “…looking to the facts and circumstances of this case, submissions of learned counsel for the parties, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation as well as reasons mentioned above, this court is of the view that no case for exercising its discretionary power under section 438 Code of Criminal Procedure is made out in favour of applicant” Appearances Counsel for Applicant: Niraj Kumar Dwivedi, Adya Prasad Tewari, Pradip Kumar Singh Counsel for Opposite Party: G.A., Rajesh Kumar Roy Sharma Case title - Anand Shankar Pandey And 2 Others vs. State Of U.P And Another Case Citation: 2023 LiveLaw 21 Click Here To Read/Download Order