The Allahabad High Court has observed a person declared as an absconder or a proclaimed offender under Section 82 CrPC is not entitled to the benefit of anticipatory bail.

Justice Suresh Kumar Gupta rejected the bail application plea of the Applicant who was accused of acquiring a piece of land based on a forged and fictitious sale deed as the applicant wanted to grab the property of the first informant.

The Bench thus observed, "After 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."

It was contended by the Prosecution that a charge sheet had already been submitted against the Applicant in 2018 and the case is pending since then. It was also argued that after filing the charge sheet, the applicant deliberately absented herself from the proceedings, consequently, the process under Section 82 CrPC had been initiated against the applicant and she has been declared as an absconder.

It was 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.

It was further argued that due to non-cooperation of the applicant, the trial is still pending before the trial court. Sufficient evidence is available against the applicant. There is no ground for false implication of the applicant. Thus, the application of the applicant is liable to be rejected.

The High Court thus while referring to the contentions of the Counsels and placing reliance on the Supreme Court's ruling in the case of Prem Shankar Prasad vs. State of Bihar decided on 21.10.2021 in Criminal Appeal No. 1209 of 2021, held that the applicant being a proclaimed offender/absconder is not entitled to the relief of anticipatory bail and thus rejected her application.

Cause Title – Dr. Archana Gupta v. State of U.P.

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