4 min readNew DelhiUpdated: Feb 3, 2026 12:46 PM IST
Delhi High Court News: The Delhi High Court found that his past activities suggest that he is likely get himself involved in another such act. (image is created using AI)
Delhi High Court News: Observing that the man was “not a fly-by-night operator but a habitual offender” who put the life and limb of all in “utter danger”, the Delhi High Court rejected his bail application for allegedly stealing metro copper cables in the middle of the night.
Justice Saurabh Banerjee said that the accused, Shivam, played with live of the general public while hearing his bail plea and found that he already has multiple FIRs registered against him.
Justice Saurabh Banerjee found that the man allegedly committed an offence which has multifarious effects on society at large. (Image is enhanced using AI)
“The applicant is not a fly-by-night operator but a habitual offender who has since been active with the very same offences in the recent past,” the court observed.
"Playing with Lives of General Public" - Bail Denied
Court's Public Safety Ruling
Accused guilty of playing with lives of general public. Metro cable theft put life and limb of one and all in utter danger.
Multifarious Effects
Offence has multifarious effects on society at large, endangering public infrastructure
Public Exchequer Losses
Not foolhardy antics - caused immense losses to public funds and resources
Metro Railways Act 2002
Provisions attracted along with Bharatiya Nyaya Sanhita for infrastructure crime
Article 21 Overridden
Personal liberty claim rejected due to public safety concerns and repeat pattern
Public Good vs Private Good Test
Court emphasized importance of considering cognisance of public good versus private good in bail decisions. Societal safety and infrastructure protection outweigh individual liberty considerations.
Express InfoGenIE
Findings
The issues involved in the present case attracted the provisions of the Metro Railways (Operation and Maintenance) Act, 2002, along with the Bharatiya Nyaya Sanhita (BNS).
The accused allegedly committed an offence which has multifarious effects on society at large since he put the “life and limb” of one and all in utter danger.
The accused is not guilty of some “foolhardy antics” since he has caused immense losses to the public exchequer.
Considering his past activities, the accused is likely get himself involved in another such act for which he already has multiple FIR’s registered against himself, and which are at different stages of trial.
While granting bail, it is important to consider the cognisance of the public good versus the private good involved in the case.
The accused is guilty of playing with the lives of the general public.
The existing circumstances give rise to suspicions that the accused may take advantage of being out on bail and may try to tamper with evidence and witnesses.
‘Swiggy delivery boy, breadwinner’
Representing the petitioner, advocate Mohd Suza Faisal argued that his client works as a Swiggy delivery boy, and his entire family is dependent on him as he is the primary breadwinner in his family.
Faisal further submitted that he has been in judicial custody since his arrest, and the investigation is substantially complete, and continued incarceration will affect his right to personal liberty as guaranteed under Article 21 of the Constitution.
‘Caught red-handed’
Assistant public prosecutor Satish Kumar, on the contrary, opposed the grant of bail, stating that 32.5 meters of copper wire was recovered from the accused after he was caught red-handed along with co-accused Sameer and another unknown person in July 2025 outside Punjabi Bagh.
He further added that, however, another co-accused, Nitish, has not been arrested yet.
It was further pointed out that the accused is a habitual offender with significant criminal antecedents and is involved in at least six other FIRs.
Background
The man, along with other co-accused, allegedly stole approximately 32.5 meters of 33KV 1C, 400s.q mm CU (copper) metro cable on the night of 29-30 June 2025, which was reported by Traction Power Control (TPC) Line-7 at approximately 02:51 am.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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Justice Saurabh Banerjee found that the man allegedly committed an offence which has multifarious effects on society at large. (Image is enhanced using AI)
