New Delhi, Jan 25 A Delhi court has dismissed the plea of gangster Yogesh Tunda, one of the accused in the murder of rival gang leader Tillu Tajpuria within Tihar Jail, seeking six hours parole for his marriage and subsequent three weeks' interim bail for rituals and conjugal rights.
Special Judge, MCOCA cases, of Patiala House Courts, Chander jit Singh held that the right to procreation is not absolute and necessitates careful examination.
He also said that it is not an irrefutable right, considering the previous conduct of the accused, including forging documents for bail.
The court noted that Tunda, a member of the Gogi gang, had earlier filed a bail application using a forged Covid-positive certificate claiming his father had contracted the disease.
The Delhi Police said that the gang has 60 cases against it, with a history of escaping police custody. Advocates appearing for Tunda argued that the marriage plans were verified, and they sought six hours of custody parole followed by interim bail for a suitable period.
However, the prosecution opposed the plea, citing a strong apprehension that Tunda might flee from the law.
The court also noted that the proposed marriage was fixed while Tunda was in custody, and cited a Delhi High Court case, Kundan Singh v State, to distinguish between the rights of a convict and an under-trial in matters of procreation.
The court concluded that the application was dismissed in light of the accused's conduct and the potential risk of flight from the legal process.
Tajpuria, 33, was stabbed over 90 times to death by the assailants on May 2, 2023. The arrested accused persons are Deepak Dabas, Tunda, Rajesh Bawana, Riyaz Khan, Ata-ul Rehman, and Chavanni.
Tajpuria, a resident of Tajpur Kalan on the outskirts of Delhi, was lodged in Tihar Jail under tight security measures on the ground floor of Jail number 8. He was an accused in the 2021 Rohini court shootout in which gangster Jitender Gogi was killed.
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