The Supreme Court has considered whether an accused who remained absconding can seek anticipatory bail merely because co-accused persons were subsequently acquitted after facing trial.
In Balmukund Singh Gautam v. State of Madhya Pradesh and Another, reported as 2026 INSC 157, the Supreme Court held that an absconding accused cannot claim anticipatory bail solely on the ground of parity with co-accused who were acquitted. The Court noted that the trial of the co-accused does not ordinarily involve the prosecution leading evidence against a person who was absconding and had not faced that trial.
The Court therefore treated the acquittal of the co-accused as not automatically creating a right to anticipatory bail for the absconding accused. The individual circumstances of the accused, including conduct in relation to the judicial process, remain relevant.
An acquittal obtained by co-accused should not be assumed to provide automatic parity in a later anticipatory-bail application by a person who did not participate in the trial. The facts of the particular case, the stage of proceedings and the reasons for the accused's absence must be considered.
With Regards,
S. JEEVAGAN, M.A., LL.M.
Advocate & Legal Consultant
M/s. JEEVAGAN LAW ASSOCIATES, MADURAI.