Delhi High Court Seeks Police Response on Bail Plea in Janakpuri Excavation Death Case

The Delhi High Court has issued notice on a bail petition filed by contractor Himanshu Gupta in connection with the death of a 25-year-old motorcyclist who fell into an uncovered excavation pit in West Delhi’s Janakpuri area. Court sought a response from the police and directed that a status report be filed, while listing the matter for further hearing on March 30.

The matter came up before a bench of Justice Swarana Kanta Sharma, which was hearing a challenge to the trial court’s order dated March 23 rejecting the contractor’s bail plea. Taking note of the submissions, court issued notice to the State and called for its response before proceeding further in the case.

The incident in question occurred on the intervening night of February 5 and 6, when Kamal Dhyani, a resident of Palam village, met with a fatal accident after plunging into a deep excavation pit dug on a public road in Janakpuri. The excavation had been carried out as part of a sewer rehabilitation project undertaken by the Delhi Jal Board.

According to the investigation, the site lacked essential safety measures that are mandatorily required for such public works. Authorities found that there were no barricades, warning signs, blinkers, or adequate lighting at the excavation site, raising serious concerns about compliance with safety protocols and contractual obligations. The victim was rescued by fire brigade personnel and rushed to Deen Dayal Upadhyay Hospital, where he was declared dead.

The contractor, Himanshu Gupta, was arrested by the Delhi Police on March 10, after his anticipatory bail plea had earlier been rejected by the high court. Subsequently, his regular bail application was dismissed by the trial court on March 23.

While rejecting bail, the trial court had observed that the allegations prima facie disclosed a serious lapse in ensuring public safety. It noted that a hazardous excavation on a busy public road had been left inadequately secured, thereby posing a grave risk to human life. Court also emphasized that the investigation was still at a nascent stage, particularly with regard to recovery of relevant documents, permissions, and determination of operational responsibility in execution of the project.

Before the high court, Gupta contended that he had been falsely implicated in the case and was not present in Delhi at the time of the incident. He argued that his arrest was made without proper verification of facts and was based solely on disclosure statements, despite the absence of any corroborative evidence such as CCTV footage placing him at the scene.

He further submitted that he was merely a suspended director of the firm engaged in the sewer rehabilitation project and had no direct role in the execution of the work at the relevant time. In support of his plea, he also pointed out that his brother, Kavish Gupta, had been granted anticipatory bail by the Supreme Court in the same matter.

The case has drawn attention to the broader issue of accountability in public infrastructure projects, particularly where negligence in maintaining safety standards can result in fatal consequences. The absence of basic safeguards at excavation sites has been a recurring concern in urban areas, often leading to tragic incidents.

By seeking a detailed response from the police, the high court has indicated the need for a closer examination of the factual matrix, including the extent of the petitioner’s involvement and the stage of investigation. The outcome of the bail plea will likely hinge on the balance between individual liberty and the seriousness of allegations concerning public safety and negligence.

The matter is now scheduled for hearing on March 30, where the court will consider the police’s status report and the submissions of the parties before deciding on the grant of bail.

Case Title: Himanshu Gupta v. State of NCT of Delhi & Kavish Gupta v. State of NCT of Delhi

With Inputs From: HT