HC bins bail plea of contractor in Janakpuri pit fall death case

Delhi High Court denies bail to contractor Himanshu Gupta over a fatal accident caused by unsafe excavation for sewer work, citing negligence.

The Delhi High Court refused to grant bail to contractor Himanshu Gupta in connection with the death of a 25-year-old motorcyclist who fell into an uncovered excavation pit dug for sewer work in Janakpuri, observing that the case involved deep excavation on a busy public road without adherence to mandatory safety measures.

Late on February 5, Kamal Dhyani, a resident of Palam Village, fell into an excavation pit on a public road in Janakpuri. (Representative photo)

A bench of justice Swarana Kanta Sharma, in an order delivered on Thursday, noted that the material on record suggested that despite being informed of the incident during the night, neither the contractor nor the sub-contractor took prompt steps to inform the police or arrange medical aid for the victim, and there were allegations of attempts to cover up lapses at the site.

“Therefore, the present case is one where a deep excavation was carried out on a busy public road without adherence to the mandatory safety measures prescribed under the contractual conditions and permissions granted, resulting in a tragic and preventable loss of life. The material on record also indicates that despite being informed of the incident during the night itself, neither the present applicant nor the sub-contractor took immediate steps to inform the police or arrange medical assistance for the victim, and instead there are allegations of attempts to cover up the lapses at the site,” the court said.

Investigators found the site lacked basic safety arrangements such as barricades, blinkers, warning signage, and adequate lighting – measures mandated under the contract and traffic police conditions for road work.

Gupta was arrested by Delhi Police on March 10 after the high court denied him anticipatory bail on February 25. On March 23, a trial court rejected his bail plea, observing that the allegations indicated a hazardous public excavation on a busy road had been left inadequately guarded, raising serious concerns regarding the duty to protect human life and ensure public safety.

In his petition before the high court, Gupta contended that he was falsely implicated in the case. He claimed that he was not in Delhi at the time of the incident and was arrested without proper verification of facts. He further argued that there was no evidence against him and that his arrest was based solely on a disclosure statement, despite his absence from the CCTV footage. He further stated that he was only the suspended director of the firm engaged in sewer rehabilitation work and pointed out that his brother, Kavish Gupta, had been granted interim protection from arrest by the Supreme Court on February 27 and that he was arrested before his petition could be heard.

Delhi Police, represented by additional public prosecutor Manoj Pant, opposed the plea, submitting that Kavish Gupta had only received interim protection, and the role attributed to Himanshu was distinct and distinguishable.

In her 10-page order, the judge rejected the plea for parity with his brother, observing that Himanshu’s role stood on a different footing. The court noted that although Himanshu was the first to receive a call from the sub-contractor informing him about the accident, he neither informed the police nor took steps to arrange medical assistance. The judge added that the Supreme Court’s interim protection order did not amount to final adjudication on the merits, and parity could not be claimed on that ground.