New Delhi, February 18 A Delhi court has rejected the anticipatory bail pleas of two contractors in connection with the death of a 25-year-old motorcyclist who fell into a pit dug in Janakpuri, observing that custodial interrogation was required and the seriousness of the offense could not be ignored.
Additional Sessions Judge Harleen Kaur was hearing the pleas filed by contractors Himanshu Gupta and Kavish Gupta, against whom arrest warrants had been issued by the Delhi Police, and noted that the investigation was still at a nascent stage.
The court said that the possibility that the accused contractors could influence witnesses or tamper with documentary evidence could not be ruled out.
Kamal Dhyani, 25, an employee with a private bank in Rohini, died after his motorcycle plunged into the pit dug by the Delhi Jal Board (DJB) on the intervening night of February 5-6.
In the order denying relief to Himanshu Gupta, the court said, "His custodial interrogation is required by the investigating agency. The possibility of the applicant (contractor) trying to influence material witnesses or other persons associated with the case, or to tamper with the documentary or other evidence, cannot be ruled out at this stage."
The court noted that the FIR was the result of "the unfortunate death of a young boy in his twenties," and the prosecution alleged that it was a result of the failure on the part of the accused contractor to undertake adequate safety measures.
"The investigation is still at a nascent stage, and the investigating agency is in the process of collecting the relevant material connected with the case. The applicant is stated to have been non-cooperative and evasive during his interrogation by the investigating agency," the court said.
The court said that the gravity of the offense and its societal impact cannot be ignored.
"Having regard to the gravity of the offense, no ground is made out to allow the present application. The present anticipatory bail application of the applicant stands dismissed," the court said.
During the hearing, counsel for Himanshu Gupta argued that the DJB had approved the work only on October 9, 2025, by which time Gupta had already been suspended as director following the initiation of corporate insolvency proceedings against his company.
Additional Public Prosecutor Manish Sidhawat, along with the counsel for the complainant, Aastha Chaturvedi and Pooja Sharma, opposed the plea.
They said that upon analyzing CCTV camera footage of the area during the investigation, it was found that no precautionary measures, such as caution boards or barricading, had been put in place at the excavation site.
The court also rejected a regular bail filed by a sub-contractor, Rajesh Kumar Prajapati, which was filed after a magistrate's court had earlier denied him relief in the same case.
The court was informed that Gupta had joined the investigation on February 12, 14 and 17 but allegedly gave evasive replies and did not furnish relevant documents.
The prosecution further alleged that he was in continuous contact with co-accused Prajapati even after the incident and that it was yet to be ascertained whether necessary permissions had been obtained from the concerned authorities, as required under the DJB agreement.
On February 11, the court granted interim protection to the two accused contractors till Wednesday, ordering that no coercive steps would be taken against them till the next date of hearing.
So far, two arrests have been made in connection with the incident, while three DJB officials have been suspended.
Delhi Police has arrested Prajapati and a labourer, Yogesh, who are in judicial custody.
Prajapati was arrested for allegedly withholding information that a motorcyclist had fallen into the pit, delaying police and emergency response, while the 23-year-old labourer is accused of failing to inform the authorities about the incident and misleading the victim's family when they made inquiries.
