Anticipatory bail sought in an FIR for attempt to murder and related offences. The petitioner had been declared a proclaimed offender and had not joined investigation. Relying on Supreme Court precedent that persons defying process are not entitled to pre-arrest bail, the court held the case was not exceptional and dismissed the application.
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SALMAN .....Petitioner
Through: Mr. B.S. Chowdhary, Ms. Sneh Lata Rana and Ms. Monika, Advocates.
versus
STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Hitesh Vali, APP with SI Narender Singh, PS-Chandni Mahal.
CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R % 10.07.2025
This is a digitally signed order.
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Mahal, Chandni Mahal, Delhi, which does not belong to the petitioner. According to learned counsel, the correct address of the petitioner is House No. 1211, Rakabganj, behind Delite Cinema, Delhi-06. It is, thus, submitted that proclamation has not been duly executed. He further submits that involvement of the petitioner in some other case cannot be a ground for denying bail to him. He further states that petitioner is ready and willing to join the investigation, as and when directed.
This is a digitally signed order.
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“24. We have already held that the power to grant anticipatory bail is an extraordinary power. Though in many cases it was held that bail is said to be a rule, it cannot, by any stretch of imagination, be said that anticipatory bail is the rule. It cannot be the rule and the question of its grant should be left to the cautious and judicious discretion by the Court depending on the facts and circumstances of each case. While called upon to exercise the said power, the Court concerned has to be very cautious as the grant of interim protection or protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation to a great extent as it may sometimes lead to tampering or distraction of the evidence. We shall not be understood to have held that the Court shall not pass an interim protection pending consideration of such application as the Section is destined to safeguard the freedom of an individual against unwarranted arrest and we say that such orders shall be passed in eminently fit cases. At any rate, when warrant of arrest or proclamation is issued, the applicant is not entitled to invoke the extraordinary power. Certainly, this will not deprive the power of the Court to grant pre-arrest bail in extreme, exceptional cases in the interest of justice. But then, person(s) continuously, defying orders and keep absconding is not entitled to such grant.”
This is a digitally signed order.
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case for the grant of pre-arrest bail to the petitioner.
RAVINDER DUDEJA, J
JULY 10, 2025 /vd
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2025 at 12:49:53
1 issue framed by the court
Whether anticipatory bail should be granted to a proclaimed offender who has not joined investigation and against whom proclamation under Section 82 Cr.P.C. has been executed.
Colour shows how this judgement treated each authority
Srikant Upadhyay and Others vs. State of Bihar and AnotherRelied on¶7
[2024 SCC OnLine SC 282] · Who else cites this
4 provisions across 3 enactments
Salman
State Govt. of NCT of Delhi
Ravinder Dudeja
As recorded by the court registry
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