New Delhi, Feb 21 The Delhi High Court has issued notice to Delhi Police on gangster Yogesh Tunda's plea challenging the trial court order dismissing his plea, seeking six hours of custody parole for his marriage and subsequent three weeks' interim bail for rituals and conjugal rights.
Justice Amit Mahajan, issuing notice on the plea of Tunda -- one of the accused in the murder of rival gang leader Tillu Tajpuria within the Tihar Jail -- listed the matter for further hearing on March 1.
Special Judge (MCOCA) Chanderjit Singh of Patiala House Courts had, in January, dismissed the plea saying that the right to procreation is not absolute and necessitates careful examination.
The trial court had held that it is not an irrefutable right, considering the previous conduct of the accused, including forging documents for bail. It had 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 infection.
The Delhi Police had said that the gang has 60 cases against it, with a history of escaping police custody.
Advocates appearing for Tunda had 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 had opposed the plea, citing a strong apprehension that Tunda might flee from the law.
The court had 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.
It had concluded that the application was dismissed in light of the accused's conduct and the potential risk of flight from the legal process.
Tajpuriya, 33, was stabbed over 90 times to death by the assailants on May 2, 2023. The other arrested accused persons are Deepak Dabas, Rajesh Bawana, Riyaz Khan, Ata-ul-Rehman, and Chavanni.
Tajpuriya, 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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