Gurpreet Singh vs. State (NCT of Delhi)
Background
Gurpreet Singh sought anticipatory bail in an FIR alleging gang rape, filed by the complainant two years after the alleged incident. The co-accused had already been acquitted after a full trial because the complainant never appeared in court against him. Gurpreet Singh had moved abroad to Canada and been declared a proclaimed offender, but a trial court order recalling that declaration had since been passed.
Decision Breakdown
The Court accepted that the order recalling the proclaimed offender status be placed on record. Noting that the complainant was untraceable and the prosecution itself raised no serious objection to anticipatory bail, the Court found no reason to deny the applicant liberty. It granted anticipatory bail, directing release on a personal bond of Rs. 20,000 with one surety in the event of arrest.
Lesson Learnt
When a complainant repeatedly fails to pursue a case (leading to a co-accused's acquittal) and the prosecution does not seriously object, courts are inclined to grant anticipatory bail rather than compel custodial interrogation.