The Allahabad High Court has observed that declaring an accused an absconder does not create a total embargo on considering his/her application for anticipatory bail.
The court’s pronouncement came in the case of one Monika, whose anticipatory bail application was allowed by Justice Gautam Chowdhary, with the judge observing that the accused was “in family way” and had actually given birth to a child just days before a non-bailable warrant (NBW) was issued against her.
“It is not as if in all cases that there will be a total embargo on considering the application for grant of anticipatory bail. In the present case at the time when certain processes were issued against the applicant, she was in family way and was unable to appear before the court concerned, this Court finds it a fit case for grant of anticipatory bail,” Justice Chowdhary said in an order passed on Tuesday.
In Indian law, the issuance of a proclamation under Section 82 of the Criminal Procedure Code (CrPC) declares an accused an absconder.
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In the case under review, the applicant is a nurse by profession and was seeking anticipatory bail in a case registered against her under sections 316 (causing death of quick unborn child by act amounting to culpable homicide), 420 (cheating), 504 (insult to provoke breach of peace), and 120-B (criminal conspiracy) of the IPC and relevant sections of the Medical Council Act.
The counsel for the informant had raised a preliminary objection by saying that since an NBW as well as a proclamation under sections 82 and 83 CrPC had been issued against the applicant earlier, there was no occasion to entertain her anticipatory bail application.
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