Last Updated on January 2, 2026 by Satish Mishra
In this post we will discuss about Application of Anticipatory Bail by Declared Absconder wherein The Hon’ble High Court Held that in the present case under study the anticipatory bail application was not maintainable and was accordingly dismissed as being not maintainable as the petitioner had been declared as an absconder under Section 82 of CRPC.
Application of Anticipatory Bail by Declared Absconder
TOPIC- Anticipatory Bail (Saddam Hussain v. State of Jharkhand)
Through this analysis, The author will try to understand the concept of Anticipatory Bail. This analysis will provide an in-depth assimilation of the extent of the power The courts enjoy in such cases. It will also highlight and study Section 82 of CRPC (absconding). Lastly, with the help of the various cases cited in the judgement of this particular case, this analysis will explain the impact of Section 82 of CRPC on an application for anticipatory bail.
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Facts
The petitioner prayed for grant of anticipatory bail, as he was apprehending his arrest in connection with Thakurgaon P. S. Case No. 07 of 2019. However, during the pendency of this anticipatory bail, application process under Section 82 CrPC has been issued and the petitioner had been declared as an absconder.
Issues Involved
- Whether an anticipatory bail can be granted to a person that has been declared as an absconder under Section 82 of CRPC?
ALSO READ- ANTICIPATORY BAIL DENIED BY HIGH COURT CHANDIGARH TO EX-DGP
Rules and Laws
- Section 82 CRPC
Proclamation for person absconding.
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:-
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court- house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub- section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
- Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730
From these materials and information, it is clear that the present appellant was not available for interrogation and investigation and was declared as “absconder”. Normally, when the accused is “absconding” and declared as a “proclaimed offender”, there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code he is not entitled to the relief of anticipatory bail.
ALSO READ- ANTICIPATORY BAIL PERIOD FREE LEGAL ADVICE ONLINE
- State of Madhya Pradesh v. Pradeep Sharma (2014) 2 SCC 171
It is clear from the above decision that if anyone is declared as an absconder/proclaimed offender in terms of Section 82 of the Code, he is not entitled to the relief of anticipatory bail.
- Madhya Pradesh High Court in Miscellaneous Criminal Case No. 5621 of 2020.
in such serious offences particularly, the respondent-accused being proclaimed offender, we are unable to sustain the impugned order of granting the anticipatory bail. The High Court failed to appreciate that it is a settled position of law that where the accused has been declared as an absconder and has not cooperated with the investigation, he should not be granted anticipatory bail.” The ultimate conclusion, which can be drawn from the judgments quoted above, is that once process under section 82 Cr.P.C. has been issued , an anticipatory bail application becomes non-maintainable. Although it has been strenuously argued by Mr. Indrajit Sinha, learned counsel for the petitioner, that the said judgments are applicable in the facts and circumstances of each case and no uniform applicability can be made in cases of anticipatory bail but this contention of learned counsel for the petitioner is rejected as it has specifically been held by the referred judgments that once an accused has been declared as an absconder /proclaimed offender in terms of Section 82 Cr.P.C. is denied the consideration of anticipatory bail. Therefore, the first question which has been raised in this application is answered against the petitioner
ALSO READ- WHEN CAN PUNJAB HARYANA HIGH COURT GRANT ANTICIPATORY BAIL?
Findings of Court
The Hon’ble High Court Held that in the present case under study the anticipatory bail application was not maintainable and was accordingly dismissed as being not maintainable as the petitioner had been declared as an absconder under Section 82 of CRPC.
Conclusion
In conclusion, we can say that, in the cases where a petitioner has been declared as an absconder under Section 82 of CRPC, the courts consider such a declaration to be very serious and hence an application for anticipatory bail is not maintainable, as in such cases the absconder has already failed to respond to court summons or has tried to hide themselves.
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This post is written by Aparna Tripathi
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Responses from AI
- Maintainability vs. Entitlement: Legal experts distinguish between whether an application is maintainable (can be filed) and entitled (will be granted). Applications are legally maintainable even after a proclamation, but the status of being a proclaimed offender remains a heavy factor against the applicant.
- Supreme Court Precedent (Asha Dubey v. State of MP, 2024): This ruling clarified that courts must not reject applications solely because an accused is a proclaimed offender. Instead, they must balance personal liberty against the nature of the offense and the reasons for the proclamation.
- Exceptional Circumstances: Pre-arrest bail for a proclaimed offender is now granted in “rare and exceptional” cases, such as:
Proclamations issued in a mechanical or casual manner without following due procedure.
Accused having no prior knowledge of the proceedings or proclamation.
The case appearing prima facie false or grossly exaggerated.
Cases where the offense carries a punishment of less than seven years
- Governing Section: Anticipatory bail is now under Section 482 of the BNSS (replacing Section 438 of the CrPC).
- Removal of Bar for Serious Offenses: Unlike previous state-specific amendments (like those in UP or Uttarakhand) that barred anticipatory bail for offenses punishable by death or life imprisonment, Section 482 BNSS contains no such explicit bar, promoting a more uniform application of liberty.
- Section 84 BNSS: This section replaces Section 82 of the CrPC for proclaiming absconders, requiring a written proclamation to appear within 30 days
- Challenge the Proclamation: Courts often require the accused to successfully assail or challenge the legality of the proclamation order before they will entertain a bail application on merits.
- Demonstrate Cooperation: Prove that any non-appearance was not “deliberate evasion” but due to a lack of knowledge or genuine hardship.
- Surrender as an Alternative: If anticipatory bail is denied, the standard recourse is to surrender and apply for regular bail, which courts may consider more favorably if the surrender is voluntary.
