Can Relief of Anticipatory Bail be granted to a Proclaimed Offender? NO says HC, Read Order

The Allahabad High Court has observed that proclaimed offenders aren't entiled to Anticipatory Bail under Section 438 Cr.P.C.

The single-judge Bench of Justice Saurabh Shyam Shamshery dismissed bail petition of POCSO accused who was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also issued under Section 83 Cr.P.C.

The Court stated that the factors and parameters, which it has to consider for exercising discretion for grant or refusal of anticipatory bail are nature and gravity of accusation, exact role of the accused, his or her antecedents, possibility of the accused to flee from justice, likelihood to repeat similar or other offence.

Whether accusation are made only with the object of injury and causing humiliation to the accused or case is of large magnitude with possible effect on a large number of people, the Court remarked.

"Greater care and caution is required while considering cases under Section 34 and 149 IPC. Further consideration of threat to complainant and witnesses and tempering of evidences are other relevant factors."

It went to observed that while considering anticipatory bail application, the Court has to struck balance between two factors namely, no prejudice should be caused to the fair and free investigation and accused should not be subjected to harassment, humiliation and unjustified detention.

"This Court is justified to impose conditions spelt out in Section 437 Cr.P.C. and also other restrictive conditions if deem necessary in the facts and circumstances of a particular case including limit of the anticipatory bail but not in routine manner. An Anticipatory Bail Application has to be based on concrete facts (and not vague or general allegations) relatable to offence and why the applicant reasonably apprehends his or her arrest, as well as his version of the facts."

The Court then referred to Prem Shankar Prasad Vs. State of Bihar, 2021 Latest Caselaw 505 SC where in similar facts since proceedings under Sections 82 and 83 Cr.P.C. were initiated, the Supreme Court as reiterated that if anyone has been declared as absconder/ proclaimed offender under Section 82 Cr.P.C., he is not entitled for relief of anticipatory bail.

The Court ruled that the above precedent applies to the present case.

"In view of above discussion the applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also issued under Section 83 Cr.P.C. and, therefore, as held in Prem Shankar Prasad (supra) applicant is not entitled for anticipatory bail. Even otherwise, on merit also, considering the specific averments made under Section 164 Cr.P.C. by First Informant as well as her minor daughter, there are very serious allegations against the applicant and, therefore, no case for anticipatory bail is made out on merit also."

Case Title: Yogendra Kumar Mishra VS State of U.P. and Another

Case Detail: CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 20357 of 2021

Coram: Justice Saurabh Shyam Shamshery

Read Order Here:

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