LI Network
Published on: November 28, 2023 at 00:55 IST
The Allahabad High Court, while granting anticipatory bail to a 15-year-old, highlighted that denial of anticipatory bail under Section 82 of the Code of Criminal Procedure isn’t justifiable if the application was made promptly after the FIR and later appealed at the High Court within a reasonable timeframe after the trial court’s rejection.
In a case presided over by Justice Subhash Vidyarthi at the Lucknow Bench, the Court noted the sequence of events: the FIR was filed on 24th March 2023, the trial court rejected the anticipatory bail application on 7th June 2023, notice of the new application was given to the State on 3rd July 2023, and the proclamation under Section 82 was issued on 4th July 2023.
Considering these facts, the Court deemed it appropriate to grant anticipatory bail, emphasizing that the application was filed promptly after the FIR and later brought to the High Court within a reasonable period.
In the case, a dispute arose suddenly between the applicant’s and the informant’s families, resulting in injuries on both sides. Despite the applicant’s attempt to lodge an FIR, it was not initially registered. Subsequently, the applicant’s co-accused’s mother filed an anticipatory application, leading the High Court to direct immediate release on bail if she were arrested.
The Court also acknowledged photographic evidence of the informant’s brother damaging the applicant’s vehicle, along with injuries sustained by individuals from both families. The applicant highlighted that only after the Court’s order did the investigating officer gather evidence and register an FIR against the informant and his family.
The State vehemently opposed the anticipatory bail, citing the issuance of a Section 82 proclamation and referring to legal precedents indicating that individuals declared ‘absconders’ post such proclamations are not entitled to claim anticipatory bail.
Considering the circumstances, the Court concluded that the incident arose from a sudden quarrel, both sides sustained injuries, and other co-accused had already been granted anticipatory bail. Moreover, the applicant, a 15-year-old with no prior criminal record, was involved.
Hence, the Court granted anticipatory bail, directing release upon arrest before the Trial Court on the condition of a personal bond, two solvent sureties, and any other terms set by the Trial Court.
