Court rejects bail pleas of SUV driver, basement co-owners; says offence serious

Terming the offence as serious a Delhi court on Wednesday denied bail to an SUV driver for his alleged role in drowning of three civil services aspirants at a reputed coaching centre saying the plea was untenable at this stageThe court also rejected the bail pleas of the four basement coowners Tejinder Singh Parvinder Singh Harvinder Singh and Sarabjeet Singh saying the investigation was still at a nascent stage It said the basement earmarked for parking and household storage being used for commercial purposes was in complete violation of lawThe denial of bail by the local 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 driverWhat 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 in the forenoon while hearing a PIL seeking a probe into the incidentRejecting the bail plea Judicial Magistrate Vinod Kumar said the perusal of the CCTV footage of the alleged incident shows that the accused can be seen driving the said vehicle on an already heavily waterlogged road at such a speed causing large displacement of water as a result of which the gate of the alleged premises gave way and the water went into the basement and consequently three innocent lives have been lost in the said incidentThe magistrate said the video footage prima facie showed that Manuj Kathuria was warned by some passersby not to drive fastBut he did not pay any heed The allegations against the accused are serious in nature This court has been apprised that the investigation is still underway and the role of other civic agencies are also being thoroughly probed The investigation is at its nascent stage the court saidTerming the bail plea untenable at this stage the court rejected it and said the decision was taken keeping in mind the facts and circumstances of the case as well as seriousness of the offencesKathuria 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 threestorey building and inundate the basementThe four coowners have been charged with abetting the offencesThe allegations levelled against the accused persons are that they are the joint owner of premises ie basement A perusal of the lease deed dated June 5 2022 executed between the accused persons and the alleged coaching institute shows that the leased premises were being used for commercial purposes contrary to the conditions of the completion cum occupancy certificate issued by the North Delhi Municipal Corporation NDMC in complete violation of law the magistrate saidThe unfortunate tragedy took place in the alleged premises as the same was being used for commercial purposes and three innocent lives were lost in the said tragedy he addedThe court said that allegations against them were serious in nature and the investigation was at a nascent stageSaying that the plea seeking bail was untenable at the present stage the court dismissed the applicationEarlier Additional Public Prosecutor Atul Srivastava had opposed the bail saying according to the NDMCs completion cum occupancy certificate dated August 9 2021 permission had been given for the use of the basement for parking use and household storage onlyBut the premises were being used for coaching purposes in gross violation of the certificate which was within the full knowledge of the four coowners he said adding the accused persons intentionally abetted the death of three innocent personsAmit Chadha counsel for the accused persons had argued that the only liability of his clients was that they were joint owners of the basement and according to the lease agreement the entire responsibility for maintenance was on the lessee coaching instituteThe advocate said there was no requisite knowledge or intention by his clients and the penal offence of culpable homicide not amounting to murder was invoked to bypass the 2014 guidelines of the Supreme Court on arrestVarious civic agencies for example Municipal Corporation of Delhi fire service and Delhi Police are responsible for the alleged tragedy and no liability can be imposed upon the accused persons he claimedThe five accused were arrested on MondayEarlier on Sunday a magisterial court had sent to 14 days judicial custody Raus IAS Study Circle owner Abhishek Gupta and coordinator Deshpal SinghPolice have registered an FIR under the Bharatiya Nyaya Sanhita BNS sections 105 culpable homicide 1061 death of any person by doing any rash or negligent act not amounting to culpable homicide 1152 punishment for voluntarily causing hurtand 290 negligent conduct with respect to pulling down repairing or constructing buildingsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability 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