Law Aides the Abiding, Not Its Resistant – Supreme Court Affirms Denial of Anticipatory Bail to Accused Declared Absconders

In a significant ruling, the Supreme Court today dismissed the appeal (Criminal Appeal No. Of 2024 @ SLP(Crl.) No. 7940 of 2023) filed by Srikant Upadhyay & Ors. Against the State of Bihar & Anr., reaffirming the denial of anticipatory bail to individuals declared absconders and emphasizing the importance of respecting court orders.

Legal Point: The apex court’s decision focused on the denial of anticipatory bail to individuals against whom non-bailable warrants are issued and proceedings under Sections 82/83, Cr.PC are initiated. The bench of Justices C.T. Ravikumar and Sanjay Kumar upheld that the appellants’ failure to respect lawful court orders and their consistent attempts to evade arrest disentitle them from seeking anticipatory bail.

Case Facts: The appellants filed for anticipatory bail related to FIR No.79 of 2020, involving charges under IPC and the Daain Act. The High Court had earlier dismissed their application. The Supreme Court was confronted with the issue of whether a pending anticipatory bail application can be considered on its merits despite the issuance of a proclamation under Section 82, Cr.PC.

Court Assessment: The court meticulously analyzed the legal framework and precedents surrounding anticipatory bail, particularly for absconding accused. Justice C.T. Ravikumar, in his judgment, underscored, “An accused is deemed absconding if they are hiding or concealing themselves to avoid arrest.” The court noted that filing an anticipatory bail application does not constitute an appearance before the court for proceedings under Section 82/83, Cr.PC, stressing the necessity of physical appearance.

Furthermore, the judgment clarified that the pendency of an anticipatory bail application without interim protection does not hinder the trial court from issuing a proclamation under Section 82, Cr.PC or taking steps under Section 83, Cr.PC.

Decision: The Supreme Court concluded that the appellants’ consistent defiance of court orders and evasion of the arrest process rendered them undeserving of the relief of anticipatory bail. Thus, the appeal was dismissed, reaffirming the High Court’s decision.

Date of Decision: March 14, 2024

Srikant Upadhyay & Ors. Versus State of Bihar & Anr.