Delhi High Court Denies Bail in Janakpuri Biker Death Case, Cites Gross Negligence

The Delhi High Court has denied anticipatory bail to two contractors accused in the Janakpuri open pit case, observing that the death of a young biker was the result of gross negligence and a serious breach of public duty.

Justice Swarana Kanta Sharma refused pre-arrest bail to contractors Himanshu Gupta and Kavish Gupta. The case relates to a fatal accident in which a motorcyclist fell into a deep excavation pit reportedly dug in the middle of a public road in Janakpuri.

According to court observations, the pit measured approximately 20 feet in length, 13 feet in width, and 14 feet in depth. The excavation was allegedly carried out without proper barricades, warning signs, blinkers, or other mandatory safety measures.

The court noted that the work was undertaken in violation of tender conditions, work permits, and traffic police permissions. It also highlighted that no essential safety equipment, as required under contractual obligations, had been deployed at the site.

Court’s Strong Observations

The judge remarked that public roads cannot be converted into “death traps” due to negligence in public works. The court stressed that such incidents cannot be treated as mere contractual violations but must be viewed in the context of public safety and accountability.

The High Court stated that when contractors are entrusted with public projects by government bodies, they assume a corresponding duty to protect citizens. In this case, the court observed that digging such a large pit without safeguards demonstrated not just negligence but awareness of the serious risk posed to the public.

The court further noted that allowing contractors to escape legal scrutiny in such circumstances could endanger public safety and undermine accountability.

Conduct After the Accident

The High Court also examined the conduct of the accused and the alleged sub-contractor after the incident. As per the status report, the sub-contractor informed the primary contractor about the accident on the same night. However, the court observed that police authorities were not informed immediately, nor was prompt medical assistance arranged.

The court cited CCTV footage and call detail record analysis suggesting that barricades and signage were hurriedly placed at the site after the accident. According to the court, such actions indicated prior awareness of the safety requirements and potential dangers.

Investigation Continues

The court noted that non-bailable warrants were issued against the accused on February 9, 2026. It also stated that the investigation is ongoing and that granting anticipatory bail at this stage could hamper evidence collection or influence witnesses.

The contract for sewage work had reportedly been awarded by the Delhi Jal Board, and the court emphasised that public duty accompanies such assignments.

Reaffirming the importance of societal interest, the High Court held that judicial discretion in bail matters must also consider the broader impact on public confidence and accountability in cases involving loss of life due to alleged negligence.