No total embargo on grant of anticipatory bail even if accused is proclaimed offender: Allahabad HC

Why it matters

In the present case at the time when certain processes were issued against the applicant, she was in family way and was unable to appear before the court concerned, this Court finds it a fit case for grant of anticipatory bail," Justice Chowdhary said in an order passed on Tuesday.The applicant, a nurse by profession, was seeking anticipatory bail in a case registered against her under sections 316 , 420 , 504 , and 120-B of the IPC and relevant sections of the Medical Council Act.The allegation against her was made when she served as a nurse in a hospital.The counsel for the informant had raised a preliminary objection by saying that since an NBW as well as a proclamation under sections 82 and 83 CrPC had been issued against the applicant earlier, there was no occasion to entertain her anticipatory bail application.The counsel appearing for the woman argued that the applicant was merely a midwife nurse working under the supervision of the co-accused and had no direct concern with the alleged incident.Addressing the issue of the proclamation, the counsel submitted that the chargesheet was filed in November 2024 and cognizance was taken in May 2025.However, when the NBW was issued on October 10, 2025, the applicant was "in family way" and had given birth to a male child on October 6, 2025, the counsel said.This article was generated from an automated news agency feed without modifications to text.

Key takeaways

• Prayagraj , The Allahabad High Court has observed that the issuance of a proclamation under Section 82 of the Criminal Procedure Code , whereby an accused is declared an absconder, does not create a total embargo on considering his/her application for anticipatory bail.Justice Gautam Chowdhary allowed the anticipatory bail application of one Monika noting that the applicant was "in family way" and had actually given birth to a child just days before a non-bailable warrant was issued against her."It is not as if in all cases that there will be a total embargo on considering the application for grant of anticipatory bail.