Delhi coaching centre deaths: Court reserves order on accused SUV driver's bail plea

New Delhi [India], August 1 : Delhi's Tis Hazari court on Thursday reserved its order on the bail plea of Manuj Kathuria, an SUV driver accused in the deaths of three UPSC aspirants at a coaching centre in Old Rajinder Nagar.
It was alleged that he drove his vehicle in a rash and negligent manner that caused water to enter the basement.
After hearing his bail plea, Additional Sessions Judge Rakesh Kumar-IV reserved the order.
Meanwhile, Delhi police have filed a status report on the bail plea of Kathuria. Police said that they are not pressing section 105 (Culpable Homicide not amounting to murder) of the Bharatiya Nyaya Sanhita (BNS).
The counsel for the accused submitted that now all offences are bailable. Bail is right of accused now.
This plea follows the Tis Hazari court's dismissal on Wednesday of bail applications from Kathuria and four others involved in the case.
While dismissing the bail plea, Judicial Magistrate First Class Vinod Kumar observed, "Perusal of CCTV footage of the alleged incident shows that the driver can be seen driving the said vehicle at already heavily waterlogged road at a speed that causes a large displacement of water, as a result of which the gate of the alleged premises gave way and water went into the basement, and three innocent lives have been lost in the said incident."
"Perusal of CCTV footage prima Facie shows that he is being tried to be warned of the danger ahead by a passerby but he did not pay any heed," the Judicial Magistrate said in the order passed on July 31.
The bail plea stated that several CCTV videos related to the incident are circulating on social media, however, the police are relying on three specific videos, copies of which have not been provided to the accused. The accused has moved the bail application through advocate Rakesh Malhotra, RK Tripathi. This is the second bail application filed by the accused.
Delhi police alleged that the driver was driving the car at high speed. The wave was so high that three iron gates crashed. The accused, in his plea, stated that he was not associated with the offence and was falsely implicated. Any alleged involvement was speculative.
During the arguments on bail, it was argued by the counsel of Manuj Kathuria that there was no overspeeding by the driver.
"I have not been booked for negligent and rash driving. Despite, the fact that the accused was driving at High speed. Then how can I be booked under an offence under 105 (culpable homicide not amounting to murder) BNSS," Advocate Malhotra argued.
Counsel for the accused had also urged the court to direct the IO to preserve the CCTV footage before and after 30 minutes into the incident. He has filed an application seeking the preservation and production of CCTV footage of the coaching centre and in the vicinity.
It was also submitted that there is no reason to believe that the accused knew that it may have caused the incident.
"The Rajinder Nagar area has become famous in the last few years. There are crowded roads, not possible to drive at high speed. The police did not take action against waterlogging.
The actual culprit should be arrested. The actual culprit is the institute and officer of civic amenities," counsel submitted
It was also submitted that Manuj Kathuria has a medical history. This court has the power to grant bail to a sick person. There can be an infection if he remains in custody.
Additional Public Prosecutor (APP) Atul Shrivastava appeared for the Delhi police. He opposed the bail application. "He showed the picture of the vehicle the accused was driving. As per social media accounts, the accused is fond of off-road Vehicles. He was driving the Gurkha, having an upward silencer like a tractor," APP Shrivastav submitted.
He submitted that whenever there is water logging, we usually slow down. He did not take that care.
"You are a person living in the same locality, knowing that coaching centres are there. He aggravated the result," APP argued.
"He also requested the court to see the stage of the investigation. We have just arrested the person, it is at a very nascent stage. It is not the stage to assess whether an offence is made out or not. This is a case at very nascent. The entire world looking at you and me. He contributed to the incidents. He aggravated the incident. He contributed to the death of three students. He is local, he may influence the witnesses," APP Atul Srivastava argued.
"YouTube videos of the accused, Manuj Kathuria were played, by the APP. He is mastikhor. Video showing he was driving at hills. Sir this man knows, knows how to drive where," APP added.