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Supreme Court of India · 2024-03-14

Srikant Upadhyay vs The State Of Bihar

Citation / case number
2024 INSC 202
Court
Supreme Court of India
Petitioner
Srikant Upadhyay
Respondent
The State Of Bihar
Author
C.T. Ravikumar
Bench
C.T. Ravikumar, Rajesh Bindal

Judgment text excerpt

The Supreme Court upheld the dismissal of anticipatory bail under Section 438 Cr.PC for an accused declared as a proclaimed offender under Section 82 Cr.PC. The Court reiterated that individuals absconding to evade arrest are not entitled to anticipatory bail, referencing precedents such as Prem Shankar Prasad v. State of Bihar and others. The ruling clarifies that the extraordinary relief of anticipatory bail is not applicable when the accused is actively avoiding legal proceedings, thereby affirming the High Court's decision.

Srikant Upadhyay vs The State Of Bihar · Niyam