New Delhi: A city court on Thursday granted bail to an SUV driver arrested for his alleged role in the drowning of three civil services aspirants in the flooded basement of a coaching centre in Old Rajendra Nagar on Saturday.
The magisterial court had on Monday dismissed the first bail plea of Manuj Kathuria, the SUV driver, terming the offence as serious and saying that the bail plea was “untenable at this stage”.
Have decided to drop harsher charge of culpable homicide not amounting to murder against SUV driver, Police informed court
During the proceedings before Additional Sessions Judge Rakesh Kumar, who was hearing the second bail plea of Kathuria, the Delhi Police also informed the court that it has decided to drop harsher charge of culpable homicide not amounting to murder against the SUV driver.
After the court was informed by the police that it has decided to drop harsher charge of culpable homicide not amounting to murder against the SUV driver Manuj Kathuria, the court granted him bail, observing that the other alleged offences against him were “bailable”.
The court, however, directed Manuj Kathuria “not to pass any comments regarding the case to print and electronic media in any manner”.
“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.
Kathuria was arrested on Monday
Kathuria, who was arrested on Monday, was accused of driving his Force Gurkha car through the rainwater-flooded street resulting in water to swell and breach the gates of the coaching centre and inundating the basement.
The Delhi Police have registered a First Information Report (FIR) under sections 105 (culpable homicide), 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)and 290 (negligent conduct with respect to pulling down, repairing or constructing buildings) of the Bharatiya Nyaya Sanhita (BNS).
What did the IO tell court on Thursday?
The Investigation Officer (IO) of the case told the court on Thursday, “During the further investigation, as carried out in the proceedings 48 hrs, it has transpired that the ingredients of the Bharatiya Nyaya Sanhita (BNS) section 105 (culpable homicide not amounting to murder) is, at this stage, not being sufficiently established” and added, “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 Sec 281 BNS (rash driving or riding on public way) for which the court may kindly pass appropriate orders as deemed fit,” news agency PTI reported
Delhi High Court on Wednesday raised questions on the arrest of SUV driver
The Delhi High Court, while hearing a Public Interest Litigation (PIL) on the Rajinder Nagar coaching death incident on Wednesday, had raised questions on the arrest of the SUV driver and had termed it strange.
“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?” Acting Chief Justice Manmohan had said while posting the matter for Friday and seeking a status report from the police on the investigation.
The High Court, while slamming authorities of various departments for the death of three civil services aspirants and hinting of asking a central agency to probe the incident, has also directed the Municipal Corporation of Delhi (MCD) commissioner, Deputy Commissioner of Police (DCP) and investigating officer to appear before it on Friday.
Three civil service aspirants – Shreya Yadav, Tanya Soni, and Nevin Dalwin – lost their lives after the basement of a IAS coaching building in Old Rajendra Nagar – Rau’s IAS Study Circle coaching institute – was flooded following rain on the evening of July 27.
While Shreya Yadav hailed from Uttar Pradesh, Tanya Soni was from Haryana and Nevin Dalwin was from Kerala and they were preparing for the civil services examination in the national capital.
