Those absconding despite receiving notice not entitled to get anticipatory bail: HC

Prayagraj, Aug 31 (PTI) The Allahabad High Court has ruled that if an accused is absconding despite a notice against him under Section 82 (proclamation of person absconding) under the Code of Criminal Procedure, the person is not entitled to get anticipatory bail.

Making the observation, Justice Gautam Chaudhary rejected the anticipatory bail plea of Kanpur Nagar Parishad member Pradeep Mishra, without giving any opinion on the merits of his case.

Mishra is accused of being involved in the forging of signatures of those who registered a property using fake documents, and verifying a report of the Lekhpal.

An FIR was lodged at Kanpur Nagar Kotwali pertaining to the sale of land with fake documents.

During the bail hearing, his counsel contended that Mishra had no role in the case and had only verified the signatures of his cousins, Vipin Mishra and Amit Singh.

He said there was no evidence against Mishra of being involved in the crime and that he would cooperate in the investigation. Mishra can be arrested but should be given relief, his counsel argued.

The complainant's lawyer, citing a Supreme Court decision, said that the petitioner is absconding and even attachment proceedings have been initiated against him.

In such a situation, the absconding accused does not have the right to get anticipatory bail, the lawyer said.

The court, after considering the legal aspects and facts, refused to grant anticipatory bail to the petitioner. PTI COR RAJ SKY SKY