Accused persons declared as absconders are disentitled to the relief of anticipatory bail.

The applicant sought anticipatory bail regarding Crime No. 524/2025 registered at Police Station Urga for offenses including robbery and assault under the Bharatiya Nyaya Sanhita (BNS), 2023

The prosecution alleged that on November 22, 2025, the victim was restrained, assaulted, and robbed of cash and a mobile phone by a group of individuals

While the FIR initially named unknown persons, the applicant was identified during the investigation

The applicant contended that he was falsely implicated, the victim’s injuries were simple, and a co-accused had already been granted regular bail

The State opposed the application, noting that the applicant had absconded and the charge sheet was filed against him in his absence

Whether an applicant who has been declared an absconder in the charge sheet is entitled to the discretionary relief of anticipatory bail under Section 482 of the BNSS

Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of bail to persons apprehending arrest

The legal principle established by the Supreme Court in Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730 and State of Madhya Pradesh v. Pradeep Sharma (2014) 2 SCC 171, which stipulates that an accused person who is absconding or non-cooperative with the investigation is generally ineligible for anticipatory bail

The Court examined the nature of the allegations and the applicant's conduct during the investigation.

By failing to cooperate and consequently being named as an absconder in the submitted charge sheet, the applicant disentitled himself from the equitable and discretionary remedy of anticipatory bail

The Court determined that the precedents set by the Supreme Court strictly prohibit granting such relief to individuals who obstruct the investigative process by absconding

Consequently, the application for anticipatory bail under Section 482 of the BNSS was rejected