12 April 2022
Posted By Vidhik Shiksha
Proclaimed Offender Not Entitled to Anticipatory Bail u/s. 438 CrPC, says Allahabad HC
Recently, the High Court of Allahabad refused to grant direction for anticipatory bail to a person accused under the POCSO Act of allegedly raping a minor girl and her mother(the informant). The Court stated that a person declared to be an absconder/ proclaimed offender under Section 82 of Cr.P.C., is not entitled to anticipatory bail relief.
Applicant (Yogendra Kumar Mishra) approached the High Court seeking Anticipatory Bail only after the rejection of his anticipatory bail application by the Additional District and Additional District and Sessions Judge/Special Judge (POCSO Act), Allahabad. He was allegedly charged with raping a minor girl and her mother/informant under Sections 376, 506, 328 IPC, 3/4 POCSO Act, and 67 I.T. Act.
The applicant’s contention was that even though he was a married man and the informant(mother) lived separately from her husband, they shared a consensual relationship.
He further argued in the court that the informant is a teacher in a school where the applicant works as a Class-IV employee, and when the informant asked him to marry him, he refused because he is married, which is why she has filed an FIR against him on false allegations.
The Court ruled that the applicant was not entitled to anticipatory bail because he was not only declared a proclaimed offender under Section 82 Cr.P.C. but also had a proclamation of attachment of property issued under Section 83 Cr.P.C.
The bench of Justice Saurabh Shyam Shamshery based his observation on the Supreme Court’s decision in Prem Shankar Prasad vs. the State of Bihar, under which the Supreme Court held that if anyone is declared an absconder/proclaimed offender under Section 82 of the Cr. P.C, he is not entitled to anticipatory bail relief.
Blog By: Shimona Singh Kulhara