New Delhi, Feb 11 (PTI) A Delhi court on Wednesday denied bail to a sub-contractor who was arrested following the death of a 25-year-old biker after falling into an uncovered Delhi Jal Board pit. Judicial Magistrate First Class Harjot Singh Aujla, while hearing a regular bail application filed by the accused sub-contractor, Rajesh Kumar Prajapati, said that “the gravity of the offence and its societal impact cannot be ignored”.
The court said, “The allegations prima facie disclose serious lapses regarding safety measures and supervisory responsibility. At this stage, the court is not required to conduct a mini trial. However, the gravity of the offence and its societal impact cannot be ignored.” The court noted that the investigation is at the initial stage and the Investigating Officer is collecting relevant records pertaining to permissions, safety compliance, barricading arrangements, deployment of personnel and responsibility matrix.
“The possibility of the accused influencing material witnesses, particularly local residents, labourers or officials associated with the project, cannot be ruled out at this juncture. Furthermore, documentary evidence concerning the execution of civic work is susceptible to alteration or manipulation, especially when the investigation is yet to crystallise the chain of responsibility,” the judge said.
The court said the sub-contractor has no previous criminal antecedents but the seriousness of the allegations, the stage of investigation and the potential of interference with the investigation weigh against the grant of bail at this stage.
“The principle that bail is the rule and jail is the exception must be applied judiciously and in light of the facts of each case. In cases involving loss of human life due to alleged negligence in public works, the court must balance individual liberty with societal interest and the need for a fair and uninfluenced investigation,” the judge said, ruling out bail.
However, the court kept pending the accused’s contention that his arrest was illegal and unconstitutional.
The counsel representing the sub-contractor argued that his client was detained on February 6 but produced before the court only on February 8, in violation of Article 22(2) of the constitution and statutory safeguards requiring production within 24 hours of arrest.
The court then directed the investigating officer to file a detailed reply, along with relevant CCTV footage from the police station from February 6 to 8, clearly indicating the time of arrival and departure of the accused.
It then listed the matter for February 16 for consideration of the plea regarding alleged illegal detention.
Earlier on Tuesday, the court had directed the Delhi Police to file a detailed status report in connection with an FIR lodged in the case.
On the intervening night of February 5 and 6, Kamal Dhyani, a bank employee, fell into a 15-foot-deep pit dug by the Delhi Jal Board in West Delhi’s Janakpuri.
The same day, the court granted interim protection to two contractors against whom arrest warrants were issued in the case.
The court granted anticipatory bail to Himanshu Gupta and Kavish Gupta, against whom arrest warrants were issued on Monday, and ordered that no coercive steps should be taken against them till the next date of hearing.
Dhyani, an employee with a private bank in Rohini, was returning home on his bike when he fell into a pit dug for a sewer project and suffered fatal injuries.
So far, two people have been arrested and three Delhi Jal Board officials have been suspended in connection with the incident.
Delhi Police has arrested Rajesh Prajapati and a labourer, Yogesh, who have been sent to judicial custody.
Prajapati was arrested on Saturday for allegedly withholding information that a biker had fallen into the pit, delaying police and emergency response.
The 23-year-old labourer was arrested on Sunday for allegedly not informing the police or emergency authorities about the incident and misleading the victim’s family when they came inquiring about him. PTI SKM SKM RUK RUK
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