Allahabad High Court: In an anticipatory bail application filed by a pregnant nurse declared proclaimed offender for not appearing before the Court due to pregnancy, the Single Judge Bench of Dr. Gautam Chowdhary, J., allowed the application, reiterating that there was no total embargo on considering the application for the grant of anticipatory bail.
Background
The applicant, a midwife/nurse at the hospital of the co-accused, was arraigned in an FIR filed under Sections 316, 420, 504, 120-B of the Penal Code, 1860, and Section 15(2), 15(3) of the Medical Council Act, 1956. Apprehending arrest, the nurse approached the Trial Court for anticipatory bail, but her plea was rejected. Aggrieved, she approached the High Court seeking the same relief, and a Coordinate Bench granted her interim protection, but later rejected her plea.
Thereafter, a charge sheet was filed in the Trial Court on 09-11-2024, but cognizance was taken on 19-05-2025. A non-bailable warrant was issued against the nurse on 10-10-2025.
The nurse contended that after cognizance was taken, she moved several applications on every date for exemption from her personal appearance as she was pregnant. Even when a non-bailable warrant was issued against her, she was pregnant, and she gave birth on 06-10-2025.
Hence, the present second bail application.
Analysis
At the outset, the Court referred to Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, wherein it was held that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice, exact role of the accused and must evaluate entire available material against the accused.
Considering the settled principle of law on anticipatory bail, submissions, nature of the accusations, role of the nurse, all attending facts and circumstances, the Court held that the present case was a fit case for the grant of anticipatory bail, as at the time when certain processes were issued against her, she was pregnant and unable to appear before the Trial Court. The Court also placed reliance on Asha Dubey v. State of M.P., 2024 SCC OnLine SC 5633, wherein it was held that it is not as if in all cases that there will be a total embargo on considering the application for grant of anticipatory bail.
Accordingly, the Court allowed the application and granted anticipatory bail to the nurse upon furnishing a personal bond of Rs. 50,000 with two sureties each in the like amount to the satisfaction of the Court concerned.
[Monika v. State of U.P., 2026 SCC OnLine All 4, decided on 05-01-2026]
Advocates who appeared in this case:
For the applicant: Senior Advocate Gaurav Kakkar and Advocate Raghvendra Prakash
For the respondent: Government Advocate Chandan Singh and Advocate Babloo Pant
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