Published on: 06 May 2023 at 21:16 IST
The Allahabad High Court, in a ruling by Justice Krishan Pahal, has stated that a proclaimed offender is not prohibited from filing an anticipatory bail application under section 438 of CrPC.
The court observed that neither Section 82 CrPC nor Section 438 CrPC imposes any restriction on the filing of anticipatory bail applications by proclaimed offenders.
In a case where accused Udit Arya was booked for committing the dowry death of his wife, the court granted anticipatory bail, as it observed that the death cannot be considered “not under normal circumstances” as envisaged under Section 304-B IPC.
The court noted that the ingredients of Section 304-B IPC weren’t fulfilled in the case, and it appeared to be a misuse of the dowry laws. The accused was granted anticipatory bail, subject to certain conditions.