Court emphasizes societal impact and risk of re-offending as grounds for bail denial under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Delhi High Court has denied bail to Shivam, an accused in the theft of copper cables from Delhi's metro infrastructure. The judgment was delivered by Justice Saurabh Banerjee in response to bail applications numbered 4367 and 4530 of 2025. The case, arising from e-FIR No. 80051276/2025 and FIR No. 21/2025, involves the theft of approximately 32.5 meters of copper cable, a crime that has significant implications for public safety and infrastructure integrity.
The court emphasized the applicant's history as a habitual offender with multiple criminal antecedents, which include at least six other FIRs registered at Shastri Park, Delhi. Shivam, who works as a Swiggy delivery boy, was found with the stolen copper wire and apprehended alongside co-accused individuals, although one accomplice remains at large.
The judgment highlighted the societal risks posed by such crimes, including potential threats to public safety and substantial economic losses to the public exchequer. The court was particularly cautious of the applicant's potential to re-offend and the risk of tampering with evidence or witnesses if granted bail.
Justice Banerjee underscored the importance of balancing the public good against the private good in bail considerations, referencing key Supreme Court judgments that outline factors influencing bail decisions. Despite arguments from the defense regarding Shivam's primary breadwinner status and prolonged judicial custody, the court maintained that the severity and societal impact of the crime warranted the denial of bail.
The ruling further noted that the observations made were solely for the purpose of adjudicating the present applications and should not affect the merits of the ongoing legal proceedings.
Bottom Line:
Bail application under Bharatiya Nagarik Suraksha Sanhita, 2023 - Denial of bail due to applicant's habitual offenses, significant criminal antecedents, societal impact of the crime, and likelihood of tampering with evidence or witnesses.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, Section(s) 303(2), 317(2) & 3(5), Metro Railways (Operation and Maintenance) Act, 2002 Section(s) 67, 74 & 78.
Shivam v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2848428
