Delhi High Court: In an application for bail filed under Section 483 of the Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with offence of theft of high-voltage copper cables from Delhi Metro infrastructure under the Nyaya Sanhita, 2023 (BNS) and the Metro Railways (Operation and Maintenance) Act, 2002, a Single-Judge bench of Saurabh Banerjee, J., refused to grant bail on the ground of habitual criminal conduct, seriousness of the offence affecting public infrastructure, and likelihood of repetition and interference with the trial process.
In the instant matter, the FIRs for the arose out of an incident that occurred on the intervening night of 29/30-06-2025, involving the theft of approximately 32.5 meters of 33 KV copper cable of Delhi Metro Line-7. The theft was reported by the Traction Power Control at about 02:51 A.M. The applicant was apprehended along with a co-accused while allegedly in possession of the stolen cable. Another co-accused was yet to be arrested. The applicant had remained in judicial custody since his arrest.
The Court observed that the offences under the Metro Railways (Operation and Maintenance) Act require the Court to be “watchful and tread with care and caution”. It held that the applicant was “not a fly by night operator but a habitual offender” and that the alleged act had “multifarious effects on the Society at large”. The Court emphasised that the applicant had “put the life and limb of one and all in utter danger” and that the matter involved a balance between “public good versus private good”. The Court further noted that the applicant is not guilty of some foolhardy antics and had caused immense loss(es) to the public exchequer.
The Court opined that given the applicant’s past conduct, seriousness of the offence, chances of applicant taking undue advantage of being out on bail and/or trying to tamper with evidence and/or witnesses.
The Court held that all the factual and legal considerations were sufficient for denying bail and accordingly dismissed both bail applications.
[Shivam v. State (NCT of Delhi), 2026 SCC OnLine Del 343, Decided on 31-01-2026]
Advocates who appeared in this case:
Mr. Mohd. Suza Faisal, Counsel for the Applicant
Mr. Satish Kumar, APP with Ms. Upasna Bakshi, Counsel for the Respondent/State