A Delhi court rejected the bail plea of a labourer accused after a 25-year-old biker died by falling into an open pit in Janakpuri. Economic Background Cannot Eclipse Caution says Court while dnying Bail To Labourer In Fatal Case.
Delhi court rejected the bail request of a labourer who was arrested after a 25-year-old biker died by falling into an open pit in Janakpuri.
The court said that the accused’s poor financial status cannot “eclipse caution” when the allegations show a “prima facie conscious omission”.
The order, issued on February 28, stated,
“While the personal circumstances of the applicant, including his economic background and lack of criminal antecedents, do deserve empathy, compassion cannot eclipse caution where the allegations disclose a prima facie conscious omission coupled with subsequent concealment.”
The court observed that the investigation is still underway, several witnesses are yet to be examined, and giving bail at this point could disturb a fair and unhindered investigation.
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The judge added,
“The prima facie material on record, the conduct attributed to the applicant, and the reasonable apprehension of witness influence and evidence tampering, this court is not inclined to enlarge the applicant on bail at this stage.”
According to the court, the case concerns the loss of a young person’s life, allegedly due to negligence, failure to act, and an attempt to hide what happened, instead of it being a natural accident.
The magistrate remarked,
“What deeply troubles the conscience of this court at this stage is not merely the existence of an uncovered pit but the alleged conduct of the applicant after being informed that a human being had fallen into it.”
The order further noted that the available material shows that the labourer did not try to raise an alarm, call for help, or make any real effort to save the victim. Instead, the court said he chose to inform his employer first and then allegedly tried to cover the pit.
The court added,
“Human conduct in moments of crisis often reveals the true moral compass of responsibility, the allegations herein, supported at this stage by CCTV footage, depict a conduct that cannot be brushed aside.”
The victim, Kamal Dhyani, worked at a private bank in Rohini and died after his bike went into the pit on the night of February 5.
The accused labourer, Yogesh, was arrested for allegedly not informing the police or emergency services and for misleading the victim’s family during their search.