Aishwarya Rathore-
Published On: October 11, 2021 at 17:24 IST
The Supreme Court, while rejecting Anticipatory Bail, ruled that the Court should not come to the rescue of an accused who is not cooperating with the Investigating Agency.
A Bench of Justices MR Shah and AS Bopanna observed, “The Court shall not come to the rescue or help the accused who is not cooperating with the Investigating Agency and is absconding and against whom not only a non-bailable warrant has been issued but also a proclamation under Section 82 of the CrPC has been issued.”
The Court further stated, “There is a prima facie case found against the petitioner for the aforesaid offences and even the charge-sheet has been filed and the petitioner is found to be absconding.”
The Court was hearing the appeal against an Allahabad High Court Order that denied the application of the accused of Anticipatory Bail in June 2021.
The High Court ruled in December 2019 that if the Petitioner appears and surrenders before the Court within 30 days and asks for Bail, his prayer for Bail shall be considered and no coercive actions will be taken against him in the case for 30 days.
Despite the said Order, the Petitioner did not surrender and applied for Regular Bail, and a Non-Bailable warrant was issued against him.
The Court observed that the Petitioner and other co-accused were charged in November 2018 in connection with the Riots case filed in the Ballia District of Uttar Pradesh under Sections 307 and 147 of the Indian Penal Code.
Therefore, the Court rejected the Anticipatory Bail.
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