The four petitioners who filed bail applications August 6. They have been identified as Parvinder Singh, Tajinder Singh, Harvinder Singh and Sarbjit Singh.
The accused have been booked under sections 105, 106(1), 115(2), 290, and 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, in a case registered at Police Station Rajinder Nagar on July 27. The accused were arrested on July 28.
It is stated that subsequent to the order dated August 2, 2024, of the High Court, the Sessions Court at Tis Hazari, by way of an order dated August 5, 2024, dismissed the bail application with the liberty to approach the appropriate court.
Earlier, their applications were dismissed by the Metropolitan Magistrate on July 31, 2024.
Accused persons have sought bail on grounds that the Metropolitan Magistrate did not consider the fact that the applicant was not named in the FIR and the applicant, alongwith other co-owners, as good Samaritans themselves, went to the police station and was subjected to custody of the Investigating Officer, despite the fact that the IO had not even called them, which clearly shows the bona fide of the applicants.The application stated that the trial court did not consider the submissions and material placed on record by the accused persons.It is also stated that the magistrate court did not deal with the registered lease deed and its terms, which, in the eyes of law, have judicial sanctity and have a pivotal bearing on the status and locus of the co-owners.
It added that the court failed to consider and did not appreciate the fact that the applicant had merely given the basement and third floor on lease for running the coaching centre, which is an activity permissible by the norms of MCD.
The accused persons further stated that while dismissing the bail applications, the court did not consider the fact that invocation of provision as stipulated under section 105 (Culpable homicide not amounting to murder) of the BNS Act does not in any manner attract the attention of the given facts of the case against the applicant and other co-owners, as they never “intended” nor had any “knowledge” to commit such a crime as alleged by the prosecution and also the fact that the prosecution could not establish and link the applicants with any act, much less the intention and knowledge to commit such a crime and therefore the applicability of Section 105 BNS by the prosecution is a sham and feeble attempts to increase the gravity of the case and also to circumvent the law laid down in the Arnesh Kumar and Satinder Antil judgement by the Hon’ble Supreme Court of India.
The Central Bureau of Investigation (CBI) started the probe into the deaths of three civil services aspirants at a coaching centre in Delhi on August 7. The Central agency took over the case Delhi Police following a Delhi High Court order.
The court had castigated police and the Municipal Corporation of Delhi (MCD) over the students’ deaths, saying it was unable to fathom how they could not come out of the basement. It also sought to know whether the doors were blocked or staircases narrow.
Three IAS aspirants identified as Shreya Yadav (25) from Uttar Pradesh, Tanya Soni (25) from Telangana and Nevin Delvin (24) from Kerala drowned after water gushed into the basement of Rau’s IAS Study Circle in Old Rajinder Nagar following heavy rains on July 27.
