Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court

The Allahabad High Court has observed that an absconder/proclaimed offender in terms of Section 82 of the Code of Criminal Procedure 1973 is not entitled to the relief of anticipatory bail.

The bench of Justice Suresh Kumar Gupta observed thus as it rejected the anticipatory bail plea of one Archana Gupta, who has been accused of grabbing a piece of land property of the first informant on the basis of a forged and fictitious sale deed.

"After the filing of the charge-sheet against the applicant, she wilfully absented herself before the trial court and due to this, till today trial against the applicant could not commence. Moreover, it is clear from the above decision that if anyone is declared as an absconder/proclaimed offender in terms of Section 82 of the Code, he is not entitled to the relief of anticipatory bail," the bench observed.

The prosecution alleged that a charge sheet has already been submitted against the applicant in the year 2018 and the case is pending since then. It was also submitted that after filing of the charge sheet, the applicant deliberately absented herself from the proceedings and consequently, the process U/s 82 CrPC had been initiated against the applicant in February 2022 and now, she has been declared an absconder.

It is also submitted that the applicant approached the court below for seeking anticipatory bail much later after having been declared as an absconder and the anticipatory bail application was rejected by the sessions court on 18.8.2022.

It was further submitted that due to her non-cooperation, the trial is still pending before the trial court and that sufficient evidence is available against the applicant. The prosecution also relied upon the Supreme Court's ruling in the case of Prem Shankar Prasad vs. State Of Bihar LL 2021 SC 579.

Taking into account the submissions of the counsel and the top court's ruling in the case of Prem Shankar Prasad (supra), the Court rejected her bail plea by observing that if anyone is declared as an absconder/proclaimed offender in terms of Section 82 of the Code, he/she is not entitled to the relief of anticipatory bail.

Case title - Dr. Archana Gupta v. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9023 of 2022]

Case Citation: 2022 LiveLaw (AB) 507

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