Tillu Tajpuria murder case: Court dismisses gangster's plea seeking custody parole for marriage

New Delhi [India], January 25 : Delhi's Patiala House court has recently dismissed the plea of Gangster Yogesh Tunda, a member of the Gogi Gang, seeking six hours of custody parole for his marriage.
He had also sought subsequent 3 weeks' interim bail for rituals and conjugal rights. He is one of the accused of murdering rival gang leader Tillu Tajpuria in the Tihar Jail in May last year.
He is also accused in other cases including one case under MCOCA.
While dismissing the plea, Special Judge (MCOCA) Chander jit Singh held that the right to procreation is not absolute and necessitates a contractual examination. It is also held that it is not an irrefutable right.
The court 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 getting bail has also been reported.
"The report also states that the accused had committed the crime while being in custody.
Therefore, in view of the above discussion, the application seeking custody bail and
consequent interim bail is dismissed," the court said in the order dated 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 organized 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. That there is a strong apprehension that accused can jump the 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 is granted and after that, interim bail for whatever period the court finds fit may be granted.
On the other hand, while opposing the plea, the Prosecution submitted that there is a strong apprehension that the accused shall flee from the process of law.
It was submitted that earlier also an attempt was made to procure interim bail by forging documents. The present application seems another attempt in a similar vein by the accused. The application should be dismissed, argued the Prosecution and the Prosecution submitted.
The special judge (MCOCA) said in the order that the accused was arrested in this case on August 4, 2018. It has further been reported that the mother of the girl had stated that she was told about a week ago about the proposed marriage of Yogesh and her daughter.
"It implies that this marriage has been fixed while the accused is in custody and was not fixed before his being in custody," the court said.
It further said that the court is mindful of the order of the Delhi High Court in Kundan Singh v State wherein, the Delhi HC adjudicated upon the aspect of the convict having a right to procreate.
"The said case is distinguishable from the contention raised in the present application. Firstly, the applicant in the said case was convicted whereas, the applicant in the present case is an under-trial," the Court observed.