Anticipatory bail for a proclaimed offender is ordinarily refused where the accused is absconding and non-cooperative.

Anticipatory bail under Section 438 of the Code of Criminal Procedure is a discretionary remedy that depends on reasonable apprehension of arrest and the applicant's conduct. In assessing such relief, the nature and gravity of the accusation, antecedents, likelihood of flight from justice, and cooperation with investigation are relevant. Where the case concerns a serious offence, the investigation is ongoing, and the accused is absconding or declared a proclaimed offender under Section 82, anticipatory bail is ordinarily not to be granted. Non-cooperation despite interim protection is also an adverse factor. On these principles, anticipatory bail was held unjustified and the claim was rejected.

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Issues: Whether anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 could be granted to an accused who was alleged to have absconded and was declared a proclaimed offender.

Analysis: Anticipatory bail is a discretionary relief available only where the applicant shows reasonable grounds to apprehend arrest. While considering such relief, the nature and gravity of the accusation, the antecedents of the applicant and the possibility of flight from justice are relevant. Where the accusation concerns a serious offence, the investigation is still in progress, and the materials indicate that the accused is absconding or has been declared a proclaimed offender under Section 82 of the Code, the normal course is not to extend anticipatory bail. The conduct of the applicant, including non-cooperation with investigation despite interim protection, is also a relevant adverse factor.

Conclusion: Anticipatory bail was not justified and the claim was rejected.

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