In a significant ruling, the Supreme Court of India has clarified that anticipatory bail cannot be granted to individuals against whom a non-bailable warrant and a proclamation under Section 82 of the Criminal Procedure Code (CrPC) are pending.

The decision, delivered in the case of Srikant Upadhyay and Others vs. State of Bihar and Others, emphasizes the cautious and judicious discretion required in granting such relief.

The case, Criminal Appeal No. 1552 of 2024, was presided over by Justice C.T. Ravikumar and P.V. Sanjay Kumar.

The Court, emphasized that while the power to grant anticipatory bail is an extraordinary one, it should not be considered a rule. The Court reiterated that the grant of anticipatory bail should be reserved for exceptionally fit cases, where the applicant faces a genuine threat of unwarranted arrest.

The judgment highlighted that anticipatory bail is an extraordinary remedy and not a matter of right. Courts must exercise caution and judicious discretion when granting anticipatory bail, considering the potential for interim protection to lead to a miscarriage of justice or hamper ongoing investigations, such as by tampering with evidence. The Court stressed that individuals against whom a warrant of arrest or a proclamation is issued under Section 82 CrPC are not entitled to anticipatory bail. This restriction aims to prevent accused persons from evading justice by remaining absconding.

However, the ruling allows for exceptions in extreme cases where justice demands granting anticipatory bail. It specifically excludes individuals who continuously defy court orders and remain absconding from availing this relief.

The Supreme Court's decision in the said matter reiterates the importance of judicial prudence in granting anticipatory bail. By setting stringent conditions and emphasizing the extraordinary nature of such relief, the Court aims to uphold the integrity of the judicial process while safeguarding individual rights against unwarranted arrests.