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    <title>2023 (9) TMI 534 - ALLAHABAD HIGH COURT</title>
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    <description>Anticipatory bail is not barred merely because proclamation proceedings under Section 82 CrPC have been initiated; the bar applies only after a valid declaration as a proclaimed offender, supported by due publication. As the record did not show compliance with the statutory publication requirements, the applicant had not reached that stage. The respondent&#039;s contrary precedent was distinguished because it involved an already declared proclaimed offender who was absconding. On merits, the alleged Customs Act offence carried a maximum punishment of three years and was described as non-cognizable and bailable; delay in lodging the FIR, absence of criminal history, the applicant&#039;s non-public servant status, and parity with a co-accused supported grant of anticipatory bail.</description>
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      <description>Anticipatory bail is not barred merely because proclamation proceedings under Section 82 CrPC have been initiated; the bar applies only after a valid declaration as a proclaimed offender, supported by due publication. As the record did not show compliance with the statutory publication requirements, the applicant had not reached that stage. The respondent&#039;s contrary precedent was distinguished because it involved an already declared proclaimed offender who was absconding. On merits, the alleged Customs Act offence carried a maximum punishment of three years and was described as non-cognizable and bailable; delay in lodging the FIR, absence of criminal history, the applicant&#039;s non-public servant status, and parity with a co-accused supported grant of anticipatory bail.</description>
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