Criminal Procedure Code, 1973
Section 438—Application for anticipatory bail—Maintainability of—Where the proceedings under Section 82/83 and 299 of CrPC (84/85 and 335 of BNSS) have been initiated against the accused and/or he has been declared proclaimed offender, the application for anticipatory bail would be maintainable—However, such consideration and grant of anticipatory bail to the accused would depend upon the gravity and seriousness of offence involved therein—Such powers should be exercised in a very cautious manner and in extreme and exceptional cases only in the interest of justice—Application for anticipatory bail is maintainable even if the charge-sheet has been filed showing the accused as declared absconder.
[Para 36]