HC dismisses Bawania’s bail plea in double murder case

The Delhi High Court on Wednesday dismissed the bail application of Neeraj Sehrawat, also known as Neeraj Bawania, a notorious gang leader, in the 2015 double murder case.

The court highlighted the gravity of the allegations, his extensive criminal record and the likelihood of reoffending as primary reasons for the denial.

The case involves alleged murder of two undertrial prisoners, Vikram, alias Paras, alias Goldy, and Pradeep, alias Bhola, who were strangled inside a jail van en route from Rohini Court to Tihar Jail.

Bawania, along with other inmates, reportedly used ‘gamchas’ (cloth towels) to carry out the killings in full view of armed police personnel.

The state argued that Bawania’s criminal antecedents, including 28 prior cases involving heinous offenses such as murder, extortion and kidnapping, made him unfit for bail.

It also noted his leadership of the dreaded “Neeraj Bawania Gang,” which continues to pose a significant threat to society. The prosecution emphasised that Bawania committed crimes even while out on bail in previous cases, demonstrating a pattern of recidivism.

“When there is a long list of serious criminal involvements, including convictions for offences committed while on bail in other cases, the apprehension that the petitioner suffers from recidivism cannot be dismissed as imaginary,” the court noted.

The defense, led by senior counsel N. Hariharan, argued that Bawania has been in custody for over nine years as an undertrial, with no foreseeable conclusion to the trial. Citing constitutional rights under Article 21 for a speedy trial, the defense requested bail, asserting that prolonged incarceration amounts to punishment without conviction.

Justice Anup Jairam Bhambhani ruled that while the right to speedy trial is fundamental, it does not override the need to protect societal interests.

“It may be said that the right to speedy trial derived from Article 21 of the Constitution of India is not a ‘freepass’ for every undertrial, demanding that he be enlarged on bail regardless of his criminal antecedents and the nature of the offence. In matters such as this, the larger interests of society must prevail over the individual rights of an undertrial,” it added.