A 'Proclaimed Offender' Is Not Barred From Filing An Anticipatory Bail Application: Allahabad High Court

The Allahabad High Court has observed that a proclaimed offender is not barred from filing an Anticipatory bail application under section 438 of CrPC. The bench of Justice Krishan Pahal further observed that neither Section 82 CrPC (Proclamation for person absconding) nor Section 438 CrPC imposes any restriction in the filing of the anticipatory bail application by the proclaimed offender. In this regard, the bench also referred to the Apex Court's ruling in the case of Lavesh vs. State (NCT of Delhi) (2012) 8 SCC 730 to note that the Top Court had said the anticipatory bail application of the proclaimed offender should not be entertained normally. “It is true that in the judgment passed in Lavesh (supra), the said applicant was not enlarged on anticipatory bail as the proceedings under Section 82 Cr.P.C. were complete. In the case of Lavesh (supra) there was no question of granting anticipatory bail. "Normally”, when the accused was absconding and declared proclaimed absconder, the core of judgment in Lavesh (supra) was in the expression "normally" and when the accused absconded or concealed himself to avoid the execution of warrant,” the Court noted. With this, the bench granted anticipatory bail to one Udit Arya, who has been accused of committing the dowry death of his wife in October last year and hence, was booked under Sections 498-A, 304-B I.P.C. and ¾ Dowry Prohibition Act. It was the case of the prosecution that the fetus had expired in the womb of the deceased and she was not subjected to treatment by the applicant and his family members as the said fetus remained dead for a period of ten days in her womb and they even beat her up during that period. Consequently, it was argued that the said negligent act speaks volumes of the applicant having subjected the deceased person to cruelty. It was also argued that the proceedings under Section 82 CrPC were initiated against the accused on March 24, 2023 and the bail application was filed on March 29, 2023 and as such, he is not entitled for anticipatory bail in the light of the judgment of the Apex Court passed in Prem Shankar Prasad vs. State of Bihar and Another LL 2021 SC 579. On the other hand, the Senior counsel appearing for the accused argued that as per the inquest report of the deceased, there was no visible injury on the body of the deceased person and that as per the post-mortem report, the cause of death was "septicaemia due to chronic illness of multiple organs involvement". It was further contended that the cause of death is her illness and not the injuries inflicted by the applicant or any other family members. Against the backdrop of these submissions, the Court observed that the deceased had expired as a result of “septicaemia due to chronic illness of multiple organs involvement” and thus, the death cannot be termed as “not under normal circumstances” as envisaged under Section 304-B I.P.C. Noting that the ingredients of Section 304-B IPC do not stand fulfilled in this case, the Court added that the case appeared to be a misuse of the dowry laws. “After hearing the rival contentions, going through the record, considering the nature of accusations and antecedents of the applicant and taking into note the very fact that the cause of death has been opined to be septicaemia due to chronic illness of multiple organs involvement and also that there was no complaint against the applicant or his family members before the death of the deceased person and also that no visible injury has been observed on the body of the deceased person internally or externally, the applicant is liable to be enlarged on anticipatory bail…,” the Court said. With this, the anticipatory bail plea was allowed and it was directed that the accused be released forthwith in the case above crime on anticipatory bail till the conclusion of the trial on furnishing a personal and two sureties in the like amount to the satisfaction of the court concerned. Case title - Udit Arya vs. State of U.P [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4560 of 2023] Case Citation: 2023 LiveLaw (AB) 143 Click Here To Read/Download Order

A 'Proclaimed Offender' Is Not Barred From Filing An Anticipatory Bail Application: Allahabad High Court

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