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2021 (11) TMI 590 - SC - Indian LawsSeeking grant of anticipatory bail - petitioner found to be absconding - offences punishable under Sections 147, 148, 323, 324, 307, 308, 504 and452 of the Indian Penal Code - non-bailable offence or not - HELD THAT:- The petitioner is charged for the offences punishable under Sections 147, 148, 323, 324, 307, 308, 504 and452 of the Indian Penal Code. The incident is of 05.03.2017. Even the charge-sheet has been filed against the petitioner and other co-accused as far as back on 20.11.2018. Earlier the petitioner moved an application before the High Court to quash the charge-sheet, in exercise of powers under Section482 Cr.P.C. which came to be dismissed by the High Court vide order dated10.12.2019. However, though not permissible the High Court vide order dated10.12.2019 directed that in case the applicant appears and surrenders before the Court within 30 days and applies for bail, his prayer for bail shall beconsidered and for a period of 30 days no coercive steps can be taken against the accused in the aforesaid case. Despite the same and having taken the benefit of the order dated 10.12.2019, the petitioner did not surrender and apply for regular bail. That thereafter non-bailable warrant has been issued against the applicant and even the proceedings under Section 82 of the Cr.P.C. has been initiated. The petitioner is continuously absconding and not available at home. The submission on behalf of the petitioner that initially he was not named as accused in the FIR is concerned, the same has been dealt with by the Learned trial Court and the Learned trial Court has observed that even in the first FIR one person was shown as unknown. Thus, from the aforesaid it is found that 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. Therefore, this is not a fit case to grant anticipatory bail to the petitioner. The Court shall not come to the rescue or help the accused who is not cooperating the investigating agency and absconding and against whom not only nonbailable warrant has been issued but also the proclamation under Section 82Cr.P.C. has been issued - Application dismissed.
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