Person Absconding Not Entitled To Anticipatory Bail: J&K HC

The Jammu and Kashmir and Ladakh High Court has determined that a person who is evading the execution of a warrant and evading capture is not entitled to anticipatory bail.

The bench of Justice Javed Iqbal Wani made this observation while denying Amit Kumar Gupta's request for pre-arrest bail. Gupta has been charged with offences punishable under IPC section 304/34.

According to the prosecution, the deceased had a financial dispute with the petitioner/accused, and the petitioner and a co-accused administered an overdose of drugs to the deceased with the intent to cause his death.

While the co-accused was taken into custody by the police, the prosecution argued that the accused/petitioner had fled and evaded arrest, resulting in the issuance of a general warrant of arrest against him following the presentation of a challan to the competent court.

On the other hand, the accused filed an immediate pre-arrest bail plea with the HC, asserting that he is an innocent grocery store owner and a member of a respectable and law-abiding family, and that police are hell-bent on arresting him in the execution of a general warrant of arrest issued by Session judge Poonch.

At the outset, the court noted that the death of the deceased is attributed to the accused/petitioner and his co-accused, and that there is prima facie evidence linking the accused/petitioner to the commission of the alleged crime, a fact that cannot be overlooked or ignored by the court in evaluating the instant bail application.

The court added that the petitioner's general assertion that he did not commit any crime and is innocent does not discredit or invalidate the investigation conducted or the evidence gathered during the course of the investigation.

In addition, the Court emphasised that it cannot ignore the fact that the defendant/petitioner is on the run and that the trial court has initiated proceedings against him.

"...it is evident that, despite the fact that the petitioner was initially involved with the inquest proceedings in the case, he remained unavailable throughout the investigation and up until the filing of the challan and the start of the trial. It is also admitted that a warrant for the petitioner's arrest has been issued in this case "court stated.

In light of the Supreme Court's decision in Prem Shankar Prasad vs. State of Bihar, LL 2021 SC 579, the High Court ruled that an absconder/proclaimed offender is not entitled to anticipatory bail, and accordingly, the bail petition was denied.

D.D:26-06-2022

Amit Kumar Gupta Versus UT of Jammu and Kashmir through SHO PS Mendhar