The High Court rejected the anticipatory bail application as not maintainable because the applicant was a proclaimed offender under Section 82 CrPC and failed to cooperate with the investigation, citing the Supreme Court decision in State of Haryana vs. Dharamraj.
The anticipatory bail application is rejected as not maintainable.
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Neutral Citation No. - 2023:AHC:200884
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6850 of 2023
Applicant :- Arun Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Surendra Kumar,Dashrath Lal Dwivedi,Rohan Tripathi,Shashi Kumar Dwivedi Counsel for Opposite Party :- G.A.,Kanchan Chaudhary,Karuna Chaturvedi,Reeta Kumari
Hon'ble Nalin Kumar Srivastava,J.
rejected by the Sessions Court at Kanpur Nagar on 20.2.2023. The applicant moved the anticipatory bail application before this Court on 3.6.2023. Process under Section 82 CrPC has been issued against the applicant on 14.5.2023. Investigation in the matter is going on. Hence, it is clear that at the time of issuance of process under Section 82 CrPC against the applicant no anticipatory bail application was pending and the applicant was declared proclaimed offender, as he was not cooperating with the investigation.
"17. The respondent, without first successfully assailing the order declaring him as a proclaimed offender, could not have proceeded to seek anticipatory bail. Looking to the factual prism, we are clear that the respondent's application under Section 438, CrPC should not have been entertained, as he was a proclaimed offender................."
Order Date :- 17.10.2023 safi
Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the anticipatory bail application is maintainable when the applicant is a proclaimed offender.
Whether the case qualifies as an exceptional and rare case despite the applicant's status as a proclaimed offender.
Colour shows how this judgement treated each authority
State of Haryana vs. DharamrajFollowed¶13
State of Haryana vs. Dharamraj, 2023 SCC Online SC 1085 · Who else cites this
1 provisions across 1 enactments
Arun Kumar
State Of U.P.
Nalin Kumar Srivastava
Mahboob Safi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
