'Would Encourage Copycat Criminal Behaviour': Delhi HC Denies Bail To Man Accused Of Aiding Escape Of High Risk UTP From Judicial Custody

The Delhi High Court on Tuesday denied bail to a man accused of aiding escape of a high risk undertrial prisoner from the lawful judicial custody, saying that granting him bail would encourage "copycat criminal behaviour".

Justice Subramonium Prasad said that to aid an undertrial of notorious credentials escape lawful custody, has wide ramifications that may shake the confidence of the public in the police administration as well as the criminal justice system.

"This Court needs to bear in mind that the act was meticulously planned and swiftly implemented. The conspiracy of helping Kuldeep @ Fajja escape from the lawful judicial custody is of huge magnitude which could have serious effects on public safety and graver consequences on society as a whole. To execute this conspiracy, it required skill, tact and a high level of intricate planning and plotting," the Court said.

Bhupender Singh was arrested in March this year. The case against him was that he facilitated escape of one Kuldeep @ Fajja from judicial custody, when he was taken to the OPD at GTB Hospital from Mandoli Jail. 

It was alleged that when he was being taken back, 10-12 boys attacked the group of policemen where two of them were injured badly in the cross-firing at the hospital and one of the injured passed away.

The assailants succeeded in helping Kuldeep escape from the jail custody. It was further alleged that Kuldeep reached Jaipur Golden Hospital where the petitioner, Bhupender, met him and took him to a safe housein Rohini.

Bhupender's bail plea was rejected by the Sessions Court in June this year, noting that in the chain of events that occurred, he had played an instrumental role in the conspiracy to aid undertrial Kuldeep @ Fajja escape.

Senior Advocate Mohit Mathur appearing for the petitioner sought bail on the ground of parity since a co-accused Yogender Dahiya was granted bail by the Sessions Court. He further submitted that the Chargesheet and supplementary chargesheet was filed in the matter as a reason of which petitioner's custody would not required as charges were about to be framed.

On the other hand the prosecution argued that the petitioner could not be granted bail on parity as his role was different and also that Petitioner had played an active role in the conspiracy to escape which was hatched 2-3 months in advance.

"This is a case wherein a lot of players were involved in the successful escape of gangster Kuldeep @ Fajja. It is also to be noted that two minors were made accomplices and abettors to the act of escaping of Kuldeep @ Fajja insofar as they were made to create chaos by throwing chilly powder in the eyes of the Police Officers who were accompanying Kuldeep @ Fajja," the Court noted.

The Court went ahead to note that the while the evidentiary value of the disclosure statement and whether the petitioner can be identified in the CCTV footage are questions to be decided during the course of trial, what the Court needs to bear in mind was the fact that the act was meticulously planned and swiftly implemented.

"The conspiracy being so deep-rooted requires to be examined at trial and cannot be summarily adjudged upon by this Court. Further, tampering of evidence or influencing witnesses also cannot be ruled out. In light of the above, this Court is, thus, of the opinion that no case for bail is made out at this stage," the Court observed.

Accordingly, bail was denied to Bhupender.

Case Title: BHUPENDER SINGH @ BHUTTAN v. STATE (NCT OF DELHI)

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