Janakpuri death probe: Court denies bail to sub-contractor

A Delhi court denied bail to sub-contractor Rajesh Prajapati in a case involving a fatal fall into an unsecured excavation pit, citing serious safety lapses.

A Delhi court on Wednesday refused bail to sub-contractor Rajesh Kumar Prajapati in connection with the death of 25-year-old Kamal Dhyani, who fell into an unsecured excavation pit in Janakpuri, observing that the case involved “serious lapses” in safety measures and the loss of a human life.

The court emphasised the need to balance individual liberty with societal interest and the requirement of an untainted trial, particularly in a matter where negligence in public works led to a fatality.

The order was passed by judicial magistrate first class Harjot Singh Aujla of Dwarka Courts, who noted: “The allegations prima facie disclose serious lapses regarding safety measures and supervisory responsibility.”

The court emphasised the need to balance individual liberty with societal interest and the requirement of an untainted trial, particularly in a matter where negligence in public works led to a fatality.

Prajapati, through his counsels Yogesh Aggarwal and Tushar Gupta, had argued for bail on grounds of presumed innocence, the absence of mens rea or intention which could be attributed to Prajapati behind the mishap. The accused had no previous criminal antecedents and was not a flight risk, they had argued.

Additional public prosecutor Manish Sidhawat opposed the plea, contending that the case was grave and at an initial stage, with crucial documentary evidence – including excavation permissions, safety compliance records, and contractual responsibilities – yet to be scrutinised. He warned that the accused could tamper with evidence or even abscond, if let out on bail.

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Acknowledging that the case was at an initial stage and the investigating officer was in the process of collecting relevant records pertaining to permissions, barricading arrangements, deployment of personnel and responsibility matrix, the court said that the possibility of Prajapati influencing local residents, labourers and project officials, could not be ruled out.

“Furthermore, documentary evidence concerning the execution of civic work is susceptible to alteration or manipulation, especially when the investigation is yet to crystallize the chain of responsibility,” the order read.

Prajapati’s counsel simultaneously moved another plea, which alleged his illegal detention on February 6. The counsels claimed that he was only produced before a magistrate two days later on February 8, violating statutory guidelines, which required production of an accused before a magistrate within 24 hours after arrest. On this, the court directed the SHO of Janakpuri Police Station to file a detailed response to the plea along with the relevant CCTV footage from February 6 to February 8 on the next date of hearing on February 16.

Police have alleged that Prajapati was among six individuals, including the directors of the contracting firm, who were aware of Dhyani’s fall shortly after it occurred around 12.15am on Friday but did not inform authorities. The victim remained in the pit for approximately eight hours before bystanders noticed the body in the morning.

Prajapati and labourer Yogesh have been arrested and are currently in judicial custody. A security guard and a passerby who also allegedly knew of the incident remain at large. Meanwhile, the two directors of the private firm contracted by the Delhi Jal Board (DJB), Himanshu and Kavish Gupta, joined the investigation Wednesday after the court granted them interim protection from coercive action.