Baby Care Hospital fire: Court dismisses bail plea, says chances of accused fleeing process of law can't be ruled out

New Delhi [India], June 3 : Delhi's Karkardooma Court dismissed the bail plea of Dr Akash, who has been arrested in connection with the New Born Baby Care hospital fire case. In this case, eight babies have died so far.
While dismissing the bail plea, the court observed that the chances of the accused fleeing the process of law cannot be ruled out.
The defence counsel argued that Dr Akash was a trainee at the hospital. He was neither an employee nor in a supervisory capacity.
Chief Metropolitan Magistrate Vidhi Gupta Anand dismissed the bail plea of Dr Akash after hearing submissions of defence counsel and an additional public prosecutor (APP).
While dismissing the bail plea, the court observed, "It is without any doubt that the alleged offences are serious in nature and investigation is at initial stages and there are several aspects of investigation such as supervisory role of accused Dr Akash, collection of the prescriptions signed by him, his role in delaying the call to the police/fire services etc which are yet to be investigated upon in detail."
"The possibility of accused Dr. Akash fleeing the process of law cannot be ruled out and considering the seriousness of the alleged offences and gravity of allegations made, possibility of the accused Dr Akash influencing the witnesses can also not be ruled out," CMM Vidhi Gupta Anand said in the order.
Advocate Naveen Kumar Singh, counsel for Dr Akash argued that he (Akash) is neither an employee, nor in a supervisory capacity. There is no appointment letter.
He is a Bachelor of Ayurvedic Medicine and Surgery (BAMS). In January 2024, he joined the hospital as a trainee, the counsel added.
"Our argument was that there was an allegation against me that I (Akash) was working as a doctor in this hospital and was in the supervisory capacity... But my point was that I am neither an employee of the hospital nor did I work in any supervisory capacity... I joined in January 2024 as a trainee," said Advocate Naveen Kumar Singh.
It was also submitted that Akash was assisting the nursing staff. Dr Naveen Khichi does the treatment. The accused never treated any patients or gave any prescriptions.
It is an old hospital. He is 26 years old; can he be given a supervisory capacity? defence counsel asked. He (Akash) was just following the instructions of the doctor and the nursing staff.
He is 26 years old. How can he be in a supervisory role? It is the start of his career, he enrolled in 2023, the defence counsel added.
It has also been submitted that it is an accident. This fire started on the second floor by a short circuit. Death happened due to suffocation, not burns. In this way, how can he be responsible for all this?
The defence counsel also submitted that there is a lack of procedure. His career will be spoiled if he is kept in jail, accused is from a poor family; he is not influential, the counsel said.
He further stated that the fire started on the second floor with the cylinder used for patient treatment. Before the arrival of police and fire staff, they rescued seven babies. There is a discrepancy between the dates of arrest May 26 and 27.
Prosecution opposed his bail application. Additional public prosecutor (APP) argued that allegations are serious. The offence is punishable with life imprisonment. It is triable by court of session.
This case should be transferred to court of session. The investigation was at initial stage, APP argued.
It also submitted that accused was not a trainee. He was overall in charge in the night. He fled from the hospital. general public informed about the incidents. He did not inform the police or fire department; instead, he called Dr Naveen Khichi.
Delhi Police also said that a dead body was also kept in ICU prior to this incident. High Court is also seized of the matter.
It is also stated that one more baby has died. Total 8 babies have died so far. Defence counsel submitted in rebuttal that police have inquired into the cause of fire. What is his role in the fire? He (accused) saved 7 babies, the defence counsel said.