High Court Ruling on Bail Application Amid Fugitive Status
Court's Decision on Bail Application
The Allahabad High Court has clarified that declaring an individual a fugitive under Section 82 of the Criminal Procedure Code (CrPC) does not automatically prevent the consideration of that person's anticipatory bail application.
Justice Gautam Chaudhary made this observation while granting anticipatory bail to a woman named Monika, noting that she had given birth to a child just days before a non-bailable warrant was issued against her.
In an order released on Tuesday, the court stated, 'It is not the case that all applications for anticipatory bail are halted due to such declarations. In the present situation, the applicant was pregnant and unable to appear before the relevant court while certain procedures were being undertaken against her. This court finds it appropriate to grant anticipatory bail in this matter.'
The applicant, a nurse by profession, sought anticipatory bail in connection with charges filed under various sections of the Indian Penal Code, including Section 316 (causing the death of a fetus, akin to involuntary manslaughter), Section 420 (cheating), Section 504 (intentional insult with intent to provoke breach of peace), Section 120-B (criminal conspiracy), and relevant sections of the Medical Council Act.
The allegations against her state that she was working as a nurse at the hospital where the alleged incident occurred. The complainant's lawyer opposed the anticipatory bail, arguing that since a non-bailable warrant and a declaration of fugitive status had already been issued against the applicant, she was ineligible for anticipatory bail.
Conversely, the applicant's lawyer contended that she was merely a nurse working under the supervision of a co-accused and had no direct involvement in the alleged incident.
Regarding the fugitive status, they pointed out that the charge sheet was filed in November 2024 and cognizance was taken in May 2025. However, when the non-bailable warrant was issued on October 10, 2025, the applicant was pregnant and had given birth on October 6, 2025.