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Supreme Court of India 2026-02-13 allowed

Balmukund Singh Gautam vs State of Madhya Pradesh and Anr

Bench: 2 — J.B. Pardiwala, Vijay Bishnoi

In Brief

A man accused in a 2017 fatal mob attack remained absconding for years before seeking anticipatory bail (pre-arrest bail) to avoid arrest. The High Court granted it, relying partly on the acquittal of co-accused. The Supreme Court set aside this order, holding that anticipatory bail is an extraordinary remedy that must not be granted mechanically to absconders involved in serious violent crimes. An accused who evades arrest for years, has criminal antecedents, and threatened a key witness does not deserve such protection. The court emphasized that acquittal of co-accused is irrelevant to an absconder's bail application, as they were tried separately. The accused must now surrender within four weeks.

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Criminal Procedure Bail and Bond Anticipatory Bail Absconder Serious Offences Witness Intimidation Appellate Jurisdiction

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