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Mukesh Kumar vs. State of NCT of Delhi

Bail Application · 2026:DHC:9022Decided 12 Oct 2026New Delhi Bench
BAIL APPLN. 4340/2026CNR: DLHC010492842026
Justice Girish Kathpalia

Background

The applicant was accused in a 2013 FIR of supplying a forged Qatar visa to a man caught at Delhi airport. He had been declared a "proclaimed offender" in 2016 after not being traced, and was finally arrested only in mid-2026, over a decade after the FIR.

Decision Breakdown

The prosecution candidly admitted it had no evidence against the applicant beyond the fact that he could not be located for years, leading to his proclaimed-offender status. The Court held that simply being untraceable for service of notices or warrants cannot, by itself, establish guilt, and granted bail.

Lesson Learnt

Being formally declared a "proclaimed offender" for evading summons is not itself proof of the underlying crime, and cannot alone justify keeping someone in custody once evidence is examined.

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