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ANU MALHOTRA
Vandana – Appellant
Versus
State – Respondent
ORDER
(Physical Hearing)
1. The status report has been submitted by the State.
2. Submissions have been made on behalf of either side.
3. It is submitted on behalf of the applicant that the applicant has been falsely implicated in the instant case with it having been submitted to the effect that the other three co-accused in the matter are on bail and that there are no previous adverse antecedents against the applicant.
4. The State does not refute the aspect that the three other co-accused in the instant case namely Raja Battery @ Harbhajan Singh, Raju @ Raja and Neetu are on bail. The State further submits that as proceedings under Section 82 of the Cr.P.C., 1973 having been initiated against the applicant and thus, in terms of the verdict of the Hon'ble Supreme Court in "Prem Shankar Prasad Vs. The State of Bihar and Anr." in CRL.A.1209/2021, the applicant cannot be granted anticipatory bail.
5. It is submitted on behalf of the applicant however, that the verdict of the Hon'ble Supreme Court in "Prem Shankar Prasad Vs. The State of Bihar and Anr." in CRL.A.1209/2021 places reliance on the verdict of the Hon'ble Supreme Court in "Lavesh v. State (NCT of Delhi)", (2012) 8 SCC
The nature of the alleged offences and the absence of adverse antecedents can be considered in determining eligibility for anticipatory bail.
Anticipatory bail is not maintainable for a proclaimed offender as per the Supreme Court's ruling in State of Madhya Pradesh Vs. Pradeep Sharma, 2014(2) SCC 171.
applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also iss....
The main legal point established in the judgment is the consideration of the gravity of the offences, the conduct of the accused, and the possibility of fleeing from justice in determining the eligib....
Ambit of bail application cannot be expanded to consider correctness of proclamation made under Section 82 of Cr.P.C.
Constitution guarantees protection of life and personal liberty of a person and this guarantee is enshrined in Article 21 of Constitution of India.
If anyone is declared as an absconder/proclaimed offender in terms of Section 82 of Cr.P.C., he is not entitled to relief of anticipatory bail.
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