Allahabad High Court Clarifies Absconder Proclamation and Anticipatory Bail

The Allahabad High Court ruled that an accused, even if declared an absconder, may still apply for anticipatory bail. Justice Gautam Chowdhary granted bail to Monika, a nurse charged with several offenses. The decision was influenced by her recent childbirth, making court appearance challenging.

The Allahabad High Court has clarified that declaring an accused as an absconder under Section 82 of the Criminal Procedure Code (CrPC) does not completely prevent consideration of their application for anticipatory bail. Justice Gautam Chowdhary took this stance while reviewing a case involving accused nurse Monika.

Monika, facing charges under various sections of the IPC and Medical Council Act, was granted anticipatory bail. Justice Chowdhary noted that her recent childbirth justified her inability to appear in court when the non-bailable warrant (NBW) was issued against her.

Despite objections citing the issuance of an NBW and proclamation under Sections 82 and 83 CrPC, the court allowed the anticipatory bail, acknowledging Monika's limited involvement as a midwife nurse and the compelling circumstances surrounding her situation.

(With inputs from agencies.)