Balmukund Singh Gautam v. State of Madhya Pradesh 2026 INSC 157 - Anticipatory Bail - Absconding Accused
Granting the relief of anticipatory bail to an absconding accused person sets a bad precedent: Supreme Court
Code of Criminal Procedure 1973 - Section 438 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482- Granting the relief of anticipatory bail to an absconding accused person sets a bad precedent and sends a message that the law-abiding co-accused persons who stood trial, were wrong to diligently attend the process of trial and further, incentivises people to evade the process of law with impunity (Para 50) - An absconder is not entitled to the relief of anticipatory bail as a general rule, however, in certain exceptional cases, where on a perusal of the FIR, case diary and other relevant materials on record, the Court is of the prima facie opinion that no case is made out against the absconding accused, then the power of granting anticipatory bail may be exercised in favour of the absconding accused. (Para 44)
Code of Criminal Procedure 1973 - Section 439 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483- Bail - Appeal - Post-bail conduct is never a valid consideration while dealing with an appeal against grant of bail, and such conduct is only relevant in an application for cancellation of bail. (Para 51)
Case Info
Case name and neutral citation
- Case name: Balmukund Singh Gautam v. State of Madhya Pradesh and Anr.
- Neutral citation: 2026 INSC 157
Coram
- Bench: J.B. Pardiwala, J. and Vijay Bishnoi, J.
- Author of judgment: Vijay Bishnoi, J.
Judgment date
- 13 February 2026 (New Delhi)
Caselaws and citations referred
- Balchand Jain (Shri) v. State of Madhya Pradesh, (1976) 4 SCC 572
- Gurbaksh Singh Sibbia and Others v. State of Punjab, (1980) 2 SCC 565
- Ram Govind Upadhyay v. Sudarshan Singh and Others, (2002) 3 SCC 598
- Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav and Another, (2004) 7 SCC 528
- Prasanta Kumar Sarkar v. Ashis Chatterjee and Another, (2010) 14 SCC 496
- Mahipal v. Rajesh Kumar @ Polia and Another, (2020) 2 SCC 118
- Sushila Aggarwal and Others v. State (NCT of Delhi) and Another, (2020) 5 SCC 1
- Vipan Kumar Dhir v. State of Punjab and Another, (2021) 15 SCC 518
- Moosa v. Sub Inspector of Police, 2005 SCC OnLine Ker 605 (FB)
- Ashok Dhankad v. State of NCT of Delhi and Another, 2025 SCC OnLine SC 1690
Statutes / laws referred
- Code of Criminal Procedure, 1973: Sections 82, 83, 173(8), 372, 438, 439(2)
- Indian Penal Code, 1860: Sections 147, 148, 149, 294, 302, 307, 323, 341, 427, 506
- Arms Act, 1959: Sections 25, 25(1‑b)(a), 27
Three‑sentence brief summary
The Supreme Court set aside the Madhya Pradesh High Court’s order which had effectively granted anticipatory bail to an accused who had absconded for about six years in a murder and attempt‑to‑murder case arising out of political rivalry. The Court held that an absconder is, as a rule, not entitled to anticipatory bail, that the subsequent acquittal of co‑accused does not by itself create a right to such bail on parity, and that the High Court’s reliance on the co‑accused’s acquittal was perverse and contrary to settled principles. The accused has been directed to surrender within four weeks, with liberty to seek regular bail, to be decided on its own merits.
