Janakpuri Biker Death: Delhi Court Denies Anticipatory Bail To Contractors, Cites Need For Custodial Interrogation

Additional Sessions Judge (ASJ) Harleen Kaur dismissed the pleas filed by contractors Himanshu Gupta and Kavish Gupta, noting that arrest warrants had already been issued against them and that the investigation was still at a nascent stage.

The court observed that the possibility of the accused influencing witnesses or tampering with documentary evidence could not be ruled out.

The case relates to the death of Kamal Dhyani, a 25-year-old private bank employee from Rohini, whose motorcycle plunged into a pit dug by the Delhi Jal Board on the intervening night of February 5 and 6.

While rejecting Himanshu Gupta’s plea, the court said his custodial interrogation was required by the investigating agency. It recorded that the FIR stemmed from the “unfortunate death of a young boy in his twenties,” allegedly caused by the contractor’s failure to put in place adequate safety measures at the excavation site.

“The investigation is still at a nascent stage. The applicant has been stated to be non-cooperative and evasive during interrogation,” the court said, adding that the seriousness of the offence and its societal impact weighed against granting pre-arrest bail.

During the hearing, Gupta’s counsel argued that the DJB had approved the work only on October 9, 2025, by which time Gupta had already been suspended as a director following the initiation of corporate insolvency proceedings against his company. The prosecution, however, opposed the plea, pointing to CCTV footage which allegedly showed that no caution boards, barricades or other safety measures were in place at the site.

Additional Public Prosecutor Manish Sidhawat, appearing along with counsel for the complainant Aastha Chaturvedi and Pooja Sharma, submitted that the accused had failed to furnish relevant documents despite joining the investigation on February 12, 14 and 17.

The court was also informed that Gupta remained in continuous contact with co-accused Rajesh Kumar Prajapati even after the incident, and that investigators were yet to ascertain whether the mandatory permissions under the DJB agreement had been obtained.

In a separate order, the court rejected the regular bail plea of sub-contractor Prajapati, after a magistrate’s court had earlier denied him relief in the same case.

So far, two arrests have been made by the Delhi Police; Prajapati and a 23-year-old labourer, Yogesh, both of whom are in judicial custody. Prajapati has been accused of withholding information about the incident, allegedly delaying police and emergency response, while the labourer is accused of failing to alert authorities and misleading the victim’s family.

Earlier, on February 11, the court had granted interim protection to the two contractors, directing that no coercive steps be taken against them until the next date of hearing. The protection has now lapsed with the dismissal of their anticipatory bail pleas. Three DJB officials have also been suspended in connection with the incident.

The case arises from the death of Kamal Dhyani, a private bank employee based in Rohini, who was returning home on the intervening night of February 5–6. While riding his motorcycle, Dhyani fell into an uncovered pit dug for a sewer project by the DJB in Janakpuri, sustaining fatal injuries. He was later declared dead at the hospital.

The incident has triggered widespread outrage and scrutiny over civic negligence and safety lapses at public works sites. So far, two arrests have been made in the case, and three DJB officials have been suspended pending inquiry.

Delhi Police has arrested a sub-contractor, Rajesh Prajapati, and a labourer, Yogesh, both of whom have been sent to judicial custody. According to the police, Prajapati was arrested for allegedly withholding information about the accident, which delayed police and emergency response.

Yogesh, aged 23, was arrested for allegedly failing to inform the authorities about the incident and for misleading the victim’s family when they approached him in search of Dhyani.