Economic background cannot 'eclipse caution'€™: Court denies bail to labourer in Janakpuri biker death case

New Delhi, March 1 (PTI) A Delhi court has dismissed the bail plea of a labourer arrested in connection with the death of a 25-year-old biker who fell into an open pit in Janakpuri, saying the economic background of the accused cannot "eclipse caution" as the allegations point towards a "prima facie conscious omission".

Judicial Magistrate First Class Harjot Singh Aujla, while rejecting the bail application filed by the labourer, Yogesh, said the dignity of human life and the integrity of the investigation demand such matters to be examined without interference.

In the order passed on February 28, the court said, "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 noted that the investigation is ongoing in the case and witnesses are yet to be examined and that granting bail to the accused may affect the fair and free course of investigation.

"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," the order stated.

The court noted that the incident involved the loss of a young life, allegedly due to apathy, omission and post-incident concealment rather than an act of nature.

"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 magistrate said.

The court said the prima facie material indicated that instead of raising an alarm, seeking help, or making any sincere effort to save the victim, the accused prioritised informing his employer and subsequently attempted to cover the site.

"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," it said.

The victim, Kamal Dhyani (25), who worked with a private bank in Rohini, died after his motorcycle fell into the pit on the night of February 5.

The labourer, Yogesh (23), was arrested for allegedly not informing the police or emergency services and for misleading the victim's family during their search. PTI SKM AKY