Delhi District Court
State vs Gaurav on 24 February, 2026
State Vs. Gaurav
FIR No. 503/2025
PS. Anand Vihar
IN THE COURT OF SH. MANISH JAIN
ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI
FIR No. 503/2025
PS Anand Vihar
State Vs. Gaurav
CNR No. DLSH020231512025
A. ID No. : 7973/2025
B. Date of Institution : 19.12.2025
C. Date for commission of : Declared PO vide order dated
Offence
15.11.2025
D. Name of the Accused, his : Gaurav
Parentage & Addresses S/o Nepal
R/o 7/24A, Yudhister Gali,
Vishwash Nagar, Farsh Bazar,
Shahdara, Delhi.
E. Offence complained of : U/s 209 BNS
F. Plea of the Accused : Pleaded not guilty and claimed
trial
G. Judgement reserved on : 03.02.2026
H. Date of Judgement : 24.02.2026
I. Final Order : Convicted
JUDGMENT
Brief Statement of Reasons for Decision of the Case
1. The present case arises out of FIR No. 503/2025 registered Digitally signed by MANISH MANISH Date:
JAIN JAIN 2026.02.24 16:47:26 +0530 page No. 1 of 5 (Manish Jain) State Vs. Gaurav FIR No. 503/2025 PS. Anand Vihar at PS Anand Vihar against accused Gaurav, who had earlier been declared a proclaimed person in FIR No. 266/2019 under Sections 379/411/427 IPC. Despite proclamation, the accused failed to appear before the Court leading to registration of the present case under Section 209 BNS. On 27.11.2025, acting on secret information, the accused was apprehended by HC Sachin of PS Shahdara. He was formally arrested with the permission of the Court, interrogated and his disclosure statement was recorded.
Thereafter, he was produced before the Magistrate and remanded to 14 days judicial custody. Upon completion of investigation, charge-sheet under Section 209 BNS was filed against the accused for non-appearance in compliance of the proclamation. During the course of investigation, sufficient material and evidence were collected and accordingly, the charge-sheet (challan) under Section 209 BNS has been prepared and filed against the accused Gaurav.
2. Charge-sheet was filed by IO upon which cognizance was taken vide order dated 19.12.2025. Thereafter, charge was framed against accused Gaurav u/s 209 BNS.
3. The prosecution in its evidence firstly examined its witness, Ahlmad, Sh. Mahender Maurya posted in this court as PW1, who proved the original case file of FIR No. Digitally signed MANISH by MANISH JAIN JAIN Date: 2026.02.24 16:47:34 +0530 page No. 2 of 5 (Manish Jain) State Vs. Gaurav FIR No. 503/2025 PS. Anand Vihar 266/2019, PS Anand Vihar in respect of order dated 15.11.2025 i.e. Ex. PW1/A.
4. The next witness sought to be examined by the prosecution was HC Sachin Kumar as PW2, who deposed that on 27.11.2025, while posted at PS Shahdara, he received secret information regarding Gaurav, who had already been declared a proclaimed person by the court. Acting on the information, he along with HC Gajender and the informer reached Ali Village Chowk, where the accused was identified, apprehended, and arrested vide arrest memo Mark X and personal search memo Mark X1. Concerned IO at PS Anand Vihar was informed. During cross-examination by Ld. LADC, the witness stated that departure was made vide DD No. 20. He asked 3-4 public persons to join the proceedings, but they refused and no written notice was served to them. He denied the suggestion that he was deposing falsely.
5. All incriminating evidence was put to the accused and his statement under Section 313 Cr.P.C. was recorded on 03.02.2026 wherein he stated that he has been falsely implicated in the present case and he is innocent.
6. I have heard the final arguments led by Ld. LADC for the Digitally signed by MANISH accused and Ld. APP for the State and perused the record. MANISH JAIN JAIN Date:
2026.02.24 16:47:39 +0530 page No. 3 of 5 (Manish Jain) State Vs. Gaurav FIR No. 503/2025 PS. Anand Vihar
7. For the offence under section 209 BNS, it is important to prove that (1) a proclamation under section 84 BNSS/82 CrPC was issued against the accused & (2) that the accused failed to appear before the court in pursuant to such notice within the time so prescribed, thereby committing offence under section 209 BNS.
8. Additionally, order of issuance of process under section 84 BNSS/82 Cr.PC and order dated 15.11.2025 whereby the accused was declared absconder being public documents required no formal proof.
9. Further, the accused neither led any evidence nor did he make any credible submission in his statement recorded under Section 313 CrPC regarding his non-appearance pursuant to the proclamation under Section 84 BNSS/82 Cr.P.C.
10.It is pertinent to note that the proclamation under Section 84 BNSS/82 CrPC was duly issued after following due process of law, and despite sufficient opportunity, the accused failed to appear before the court within the stipulated period. The accused has neither disputed the issuance of proclamation nor furnished any plausible explanation for his non-appearance during the relevant period. Digitally signed by MANISH MANISH JAIN JAIN Date:
2026.02.24 16:47:43 +0530 page No. 4 of 5 (Manish Jain) State Vs. Gaurav FIR No. 503/2025 PS. Anand Vihar
11.In the absence of any rebuttal or defence evidence, the testimony of the prosecution and the judicial record remains unchallenged and inspires confidence.
12.In such circumstances, the ingredients of section 209 BNS stands proved against the accused. Consequently, accused Gaurav stands convicted for the offence punishable under section 209 BNS.
13. Copy of this judgment be given to the convict free of cost.
Announced in the open Digitally signed by MANISH MANISH JAIN Court on 24th February, 2026 JAIN Date:
2026.02.24 16:47:47 +0530 (Manish Jain) ACJM:Shahdara:KKD:Delhi page No. 5 of 5 (Manish Jain)