SC: Appeal U/S 374 CrPC/415 BNSS is Not Maintainable Against Sessions Court's Reversal of Acquittal  ||  SC Asked the Centre to Promote Awareness About the Consequences of Driving With an Expired Licence  ||  SC Explains How a Deceased Christian Wife's Property Devolves under the Indian Succession Act  ||  Supreme Court: Reach Stacker isn't a Motor Vehicle; MACT Claim Not Maintainable  ||  Supreme Court: Lift Makers, Operators and Owners Share Responsibility for User Safety  ||  Patna HC: Pressure to Sign Divorce and Child Custody does not Amount to Cruelty  ||  Bombay HC: Externment under the Police Act Requires Satisfaction About a Gang's Activities  ||  Bombay HC: False Travel Distance Claim Alone Doesn't Constitute Misappropriation  ||  J&K&L High Court: Interest on Delayed Gratuity is Not a Mandatory Pre-Deposit For an Appeal  ||  Meghalaya HC: Meritorious Candidate Cannot Be Denied Admission For a Two-Minute Delay    

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