Supreme Court Rebukes RBI for Remaining a Bystander as YES Bank Operated Clandestinely  ||  Supreme Court: Lower Fresh Bids Alone Cannot Justify Cancellation of an Auction  ||  Supreme Court Directs Delhi Police to Produce Section 163 BNSS Orders and Preserve CCTV Footage  ||  Supreme Court Affirms Menstrual Hygiene as a Fundamental Right, Warns States of Contempt  ||  Supreme Court Flags AI-Generated Fake Judgments Submitted in a Party’s Case Compilation  ||  Karnataka High Court: Vijay Mallya’s Flamboyant Lifestyle Hinders Settlement of Bank Claims  ||  Delhi High Court: Women can be Booked for Gang Rape without Physically Committing it  ||  Delhi High Court: Litigants Must Track Their Cases and Cannot Blame Lawyers for Their Own Inaction  ||  Allahabad High Court: Contract Workers Must Prove Work Parity With Regular Staff for Equal Pay  ||  Allahabad High Court Directs UP Trial Courts to Decide Maintenance Execution Cases Within Six Months    

Sameer Jain vs. State Of U.P. And Another (Neutral Citation: 2024:AHC:103016) - (High Court of Allahabad) (10 Jun 2024)

Anticipatory bail cannot be granted to a proclaimed offender

MANU/UP/2100/2024

Criminal

In present case, the applicant has been implicated in present case along with 15 other co-accused persons for committing the offences alleged in the FIR under different sections of Indian Penal Code, 1860 (IPC).Learned Senior counsel for the Applicant submits that number of co-accused persons have been granted anticipatory bails, stay of arrest and regular bail. The offences alleged are of civil nature and engaging the attention of civil court hence, the applicant is also entitled to be enlarged on bail on anticipatory bail.

The informant / opposite party no. 2, has vehemently opposed the anticipatory bail application. The opposite party no. 2 has submitted that as per Section 84(2) of Code of Criminal Procedure, 1973 (CrPC), applicant was not entitled to file any objection since it is clear from Section 84(1) of CrPC that, the same can only be filed by a person, other than the proclaimed person, on the ground that the objector has interest in such property and it is not liable to attachment under Section 83 of CrPC. He has submitted that the applicant was a proclaimed offender and he had no right to file objection under Section 84(1)(2) of CrPC.

It is clear from Section 84(1) of CrPC that, a proclaimed offender had no right to file objection under Section 84(2) of CrPC. The applicant is clearly a proclaimed offender and an absconder. In the cases of Srikant Upadhyay and Ors. vs. State of Bihar and Another, Lavesh vs. State (NCT of Delhi) and Prem Shankar Prasad vs. The State of Bihar and Another, it has been held that anticipatory bail cannot be granted to a proclaimed offender. No law to the contrary has been placed before this court by the counsel for the applicant.The interim anticipatory bail granted to the applicant also stands cancelled. Anticipatory bail application is rejected.

Tags : PROCLAIMED OFFENDER   BAIL   GRANT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved