New Delhi: A court here on Thursday allowed the bail plea of an SUV driver who was arrested for his alleged role in the drowning of three students in the basement of a coaching centre, saying the accused was "implicated in over-enthusiasm" in the case.
After the prosecution informed the court that they had decided to drop harsher charges of culpable homicide not amounting to murder against SUV driver Manuj Kathuria, the court granted him bail, observing that the other alleged offences against him were "bailable".
Additional Sessions Judge Rakesh Kumar, however, directed the accused "not to pass any comments regarding the case to print and electronic media in any manner". The court was hearing an appeal against the denial of bail to Kathuria by a magisterial court.
"From the perusal of the record, it appears that the present applicant or accused (was) implicated in over-enthusiasm while he has been charged for the offence under Section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita which is non-bailable..." the court said.
Noting the prosecution's reply, according to which the offence of culpable homicide was not made out at the present stage, the court said that the remaining alleged offences against him were "bailable".
These include BNS sections 106(1) (death of any person by doing any rash or negligent act not amounting to culpable homicide), 115(2) (punishment for voluntarily causing hurt), 290 (negligent conduct with respect to pulling down, repairing or constructing buildings) and 281 (rash driving or riding in public way).
The court further said, "...On being inquired, keeping in view the entire basement floor size of 840 sq. yards, about the collection of CCTV footage prior to 6:45 pm (time of the incident) and thereafter to determine the role of the present applicant or accused on a particular time, the IO answered in negative." It granted Kahuria bail subject to furnishing a personal bond and surety bond of Rs 50,000 each.
Other bail conditions included Kathuria not passing "any comments regarding the case to print and electronic media in any manner", joining the investigation when required, not tampering with evidence and not contacting the complainant or other witnesses. Kathuria was accused of driving his Force Gurkha car through the street that was flooded by rainwater, causing the water to swell and breach the gates of the three-storey building housing the coaching centre and inundate the basement.
On Thursday, the court noted the investigating officer's reply, as per which, "During the further investigation, as carried out in the preceding 48 hours, it has transpired that the ingredients of the BNS section 105 is, at this stage, not being sufficiently established." "The same can be better assessed when the expert team from IIT-Delhi visits the spot and post inspection, submits its findings. Thus, as of now, the primary offence against the accused is of BNS section 281 (rash driving or riding on public way) for which the court may kindly pass appropriate orders as deemed fit," the reply added.
During the proceedings, Additional Public Prosecutor Atul Srivastava said that because of the "sensitive nature" of the case, the court could direct Kathuria not to pass any comments regarding the case to the media. Senior advocate Vikas Pahwa, appearing for Kathuria, said that the prosecution has failed to provide essential scientific data, including the cubic volume of water present on the road at the time of the incident and the amount of water allegedly displaced by his SUV and the tensile strength of the iron door that was supposedly affected by the displaced water.
"Without these crucial measurements, it is impossible to establish a direct causal link between the applicant's (Kathuria's) actions and the damage caused to the coaching centre," he added. On Wednesday, terming the offence as "serious", the magisterial court had denied bail to Kathuria, saying the plea was "untenable at this stage".
The denial of bail by the magisterial court came hours after a Delhi High Court bench headed by Acting Chief Justice Manmohan castigated the police for its "strange" probe by arresting the driver.
"What is Delhi Police doing? Have they lost it? What are its officials who are monitoring the probe doing? This is a cover-up or what?" the high court said while hearing a PIL seeking a probe into the incident. Kathuria was arrested on Monday along with four co-owners of the basement. On Sunday, a magisterial court sent to 14-day judicial custody Rau's IAS Study Circle owner Abhishek Gupta and coordinator Deshpal Singh.
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