In a significant legal interpretation, the Allahabad High Court has clarified that declaring an individual an absconder does not automatically disqualify them from seeking anticipatory bail. The court made this observation while granting pre-arrest bail to a nurse, Monika, emphasizing that each case must be considered on its own merits, particularly in light of humanitarian circumstances.
Court's Rationale and Supreme Court Precedent
The bench, led by Justice Gautam Chowdhary, delivered its order on January 5, 2026. The judgment heavily relied on the Supreme Court's 2024 decision in Asha Dubey vs The State of Madhya Pradesh. The court explicitly stated that the issuance of a proclamation under Section 82 of the Criminal Procedure Code (CrPC) does not impose a "total embargo" on considering an application for anticipatory bail.
Justice Chowdhary noted, "It is not as if in all cases that there will be a total embargo on considering the application for grant of anticipatory bail." The court found the present case fit for bail due to the specific circumstances faced by the applicant.
Humanitarian Grounds in Monika's Case
The applicant, Monika, a professional nurse, was seeking protection from arrest in a case registered under several serious sections of the Indian Penal Code (IPC) and the Medical Council Act. The charges included:
- IPC Section 316 (Causing death of quick unborn child by act amounting to culpable homicide)
- IPC Section 420 (Cheating)
- IPC Sections 504 and 120-B
The allegations stemmed from her employment at a hospital where a woman tragically lost her unborn child. The prosecution argued that since a non-bailable warrant (NBW) and a proclamation had been issued against Monika, her anticipatory bail plea should not be entertained.
However, her defense, presented by a senior advocate, argued two key points. Firstly, that Monika was merely a midwife nurse working under the supervision of co-accused individuals and had no direct involvement in the alleged incident. Secondly, and crucially, they presented a compelling humanitarian argument.
Timeline of Legal and Personal Events
The sequence of events played a pivotal role in the court's decision:
- The charge sheet in the case was filed in November 2024.
- The court took cognizance of the matter in May 2025.
- A non-bailable warrant was issued against Monika on October 10, 2025.
- Critically, at the time the NBW was issued, Monika was heavily pregnant. She had given birth to a male child on October 6, 2025, just four days prior.
The court accepted the defense's submission that during the period when legal processes were initiated against her, the applicant was "in family way" (pregnant) and was physically unable to appear before the concerned court. This specific condition was central to the bench's finding that this was a fit case for granting anticipatory bail.
Legal Implications and Future Considerations
This order sets an important precedent for how courts should balance procedural law with individual circumstances. By clarifying that a proclamation under CrPC Section 82 is not an absolute bar, the Allahabad HC has ensured that the doors to justice remain open for those who, due to genuine and compelling reasons like advanced pregnancy or recent childbirth, could not comply with court appearances.
The judgment underscores that legal procedures must be applied with a degree of flexibility and human consideration, especially when fundamental rights like personal liberty are at stake. It reinforces the principle that the courts' power to grant bail is discretionary and must be exercised judiciously, taking into account all facets of a case, not just procedural technicalities.
