https://www.taxtmi.com/caselaws?id=314046 Section 438 CrPC remains available even where the accused is shown as absconding or has been proceeded against under proclamation-related steps, because such steps affect the court's discretion on the merits and do not create an absolute bar to maintainability. On the facts, the court found the parties were adults with a prior relationship, noted the absence of serious criminal antecedents, and considered that the applicant's presence could be secured through conditions. Anticipatory bail was therefore granted, with the court affirming that abscondence-related proceedings do not by themselves extinguish the pre-arrest bail remedy. en-us Tue, 12 May 2020 00:00:00 +0530 Tue, 14 May 2024 19:14:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314046 Section 438 CrPC remains available even where the accused is shown as absconding or has been proceeded against under proclamation-related steps, because such steps affect the court's discretion on the merits and do not create an absolute bar to maintainability. On the facts, the court found the parties were adults with a prior relationship, noted the absence of serious criminal antecedents, and considered that the applicant's presence could be secured through conditions. Anticipatory bail was therefore granted, with the court affirming that abscondence-related proceedings do not by themselves extinguish the pre-arrest bail remedy. Case-Laws Indian Laws Tue, 12 May 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314046