New Delhi: The Delhi High Court on Tuesday granted six hours of custody parole to Gangster Yogesh, alias Tunda, a member of the Gogi Gang, to perform his marriage.
He is one of the accused of murdering rival gang leader Tillu Tajpuria in the Tihar Jail in May last year.
Justice Amit Mahajan allowed the petition of Yogesh alias Tunda seeking custody parole to perform his marriage at an Arya Samaj Temple.
The detailed order, mentioning conditions, etc., is yet to be uploaded. The High Court has asked the Delhi police to suggest conditions that may be imposed on the accused.
Advocates Anuj Agarwal and Virender Mual alongwith Abhishek Thakur appeared for Yogesh Tunda. The girl and her mother also appeared before the court.
The court asked how the marriage was finalised if the accused had been in custody for the last six years.
It was submitted by advocate Anuj Agarwal that the applicant and the girl have been in a relationship for the last nine years.
The factum of marriage and venue was verified by the Delhi Police in its status report on the earlier application, which was dismissed by the trial court.
The application was vehemently opposed by the Additional Public Prosecutor (APP) on the grounds that Yogesh is a member of the Gogi gang and organised crime syndicate. There are 60 cases against the syndicate.
The court rejected the contention of the APP, saying that the applicant can not claim to be treated as human and is no less than a terrorist. It was also argued that the accused may flee from custody.
On January 22, the Special Judge (MCOCA) Chanderjit Singh dismissed the plea of Yogesh Tunda and held that the right to procreation is not absolute and necessitates a contractual examination. It is also held that it is not a irrefutable right.
The court had also considered the previous conduct of the accused and the status report filed by Delhi Police.
The court noted that the previous conduct of the accused regarding the forging of documents for bail has also been reported.
"The report also states that the accused committed a murder while in custody.
Therefore, given the above discussion, the application seeking custody bail and consequent interim bail is dismissed," the court said in the order of January 22, 2024.
It was further reported that earlier, another bail application was filed by forging a COVID-positive certificate, claiming that the father of the accused had caught COVID.
Delhi police filed a status report and stated that this crime syndicate has 60 cases against it. The members of this organised crime syndicate had a record of escaping from police custody.
"Accused is one of the assailants who had committed a murder in jail as well. There is a strong apprehension that the accused can jump bail if this application is accepted," Delhi police said.
It was submitted by Advocates Virender Mual and Abhishek Thakur counsel for accused Yogesh that the effect of fixing the marriage has been verified, which is reflected in the report. It was also submitted that custody parole for six hours be granted and after that, interim bail for whatever period the court finds fit may be granted. (ANI)
