Delhi High Court Grants Anticipatory Bail to Proclaimed Offender in Exceptional Circumstances Court emphasizes personal liberty in granting bail despite "proclaimed offender" status after settlement of dispute.
In a significant ruling, the Delhi High Court has granted anticipatory bail to Badruddin and Mrs. Batulan, who were declared as "proclaimed offenders" in connection with an FIR registered under multiple sections of the Indian Penal Code, 1860. The judgment was delivered by Justice Saurabh Banerjee on January 9, 2026. The applicants sought relief under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, following a settlement with the complainant, Vikas Choudhary.
The case originated from a property dispute involving a flat in Kalkaji, New Delhi, which Badruddin had agreed to sell to the complainant. However, after the transaction, the applicants refused to vacate the property, leading to the registration of an FIR. During the investigation, the applicants were declared "proclaimed offenders" as they could not be apprehended.
The court noted that the applicants and the complainant had resolved their disputes through a Memorandum of Understanding and Settlement, with the complainant receiving Rs. 60,00,000 as full and final satisfaction of all claims. The complainant expressed no objection to quashing the FIR and filed an affidavit to that effect.
Justice Banerjee highlighted the Supreme Court's stance on personal liberty, affirming that anticipatory bail can be considered in exceptional circumstances, even for proclaimed offenders. The court determined that the settlement negated the need for custodial investigation, and thus, anticipatory bail was granted with specific conditions.
This judgment underscores the court's discretion in balancing personal liberty with legal proceedings, especially in cases where disputes have been amicably resolved.
Bottom Line:
Anticipatory bail can be granted to a person declared as a "proclaimed offender" in exceptional circumstances, considering the facts and circumstances of the case, nature of the offence, and the background of the proclamation.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Indian Penal Code, 1860 Sections 420, 406, 467, 468, 471, 120B
Badruddin v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2835394
