New Delhi: The Delhi High Court has granted bail to the co-owners of a building's basement having a coaching centre where three civil services aspirants drowned in July, 2024. Justice Sanjeev Narula prima facie found merit in the accused's contention that their role was limited to being owners of property where the incident occurred and there was no material to indicate an "angle" of corruption at this stage.
The judge held it was a "fit case" for relief to the accused persons, who were on interim bail in the matter. "On a prima facie view, (the court) finds merit in the contention that the role of the applicants was limited to being owners of property where the incident occurred. Moreover, the investigation regarding the aspect of corruption, is stated to be pending on the end of the CBI," the court said.
The order, passed on January 21, however, observed there was "no material placed on record" either in the status report or otherwise to indicate an angle of corruption against them. "Accordingly, the order dated September 13, 2024, granting interim bail is now confirmed as regular bail on the same terms and conditions," it said.
The court said the object of granting bail was neither punitive nor preventative but to secure the attendance of the accused person during trial. In the present case, it said, the investigation was complete and a chargesheet was filed. While the nature of offence alleged were grave in nature, the role attributed to the owners had to be considered, it added.
"The allegation against the applicants is that they let out the basement for commercial purposes which was not permissible. However, whether the same amounts to an offence under Section 105 and 106 of the BNS is for the trial court to decide based on evidence," observed the court.
When the senior counsel for the accused offered to make a Rs 5 lakh voluntary donation, the court directed them to deposit the amount within two weeks with the Delhi State Legal Services Authority for the families of those who died. The DSLSA was directed by the court to consider the claims of the families and disburse the money after due consideration of the investigation and the filing of chargesheet.
The co-owners of the building basement -- Parvinder Singh, Tajinder Singh, Harvinder Singh and Sarbjit Singh -- in Delhi's Old Rajinder Nagar moved the high court for bail in 2024, arguing they were merely the owners of the basement which was rented out to the coaching centre and had no role in the unfortunate event.
Three civil service aspirants Shreya Yadav, 25, of Uttar Pradesh, Tanya Soni, 25, from Telangana and Nevin Delvin, 24, from Kerala died after the basement of the building housing Rau's IAS Study Circle flooded following heavy rains on July 27, 2024. The case, being probed under the BNS, including Section 105 (culpable homicide not amounting to murder), was transferred from Delhi Police to the CBI by the high court.
The CBI opposed the bail plea by the basement owners, saying they unlawfully granted the lease to the coaching institute to run a commercial establishment and deserved no leniency.
