No Absolute Bar On Anticipatory Bail Even If Accused Is Proclaimed Offender: Allahabad High Court

The Allahabad High Court held that the issuance of a proclamation under Section 82 of the CrPC does not create an absolute bar on granting anticipatory bail.

Relying on the Supreme Court’s ruling in Asha Dubey v State of Madhya Pradesh, the Court observed that each case must be examined on its own facts.

Granting relief to a nurse accused in a criminal case, the Court noted that she was pregnant and had recently given birth when non-bailable warrants were issued against her, which prevented her appearance before the trial court.

Considering the circumstances, the Court allowed anticipatory bail subject to conditions.

[Monika v. State of U.P. & Anr.]