Coaching Centre Deaths: Court Slams Cops for SUV Driver Arrest, Grants Him Bail

The court said that the IO had not collected CCTV footage from the basement before and after the incident.

Four days after the Delhi Police arrested 49-year-old Manuj Kathuria in connection with the deaths of three UPSC aspirants in Old Rajinder Nagar, a sessions court in Delhi's Tis Hazari on Thursday, 1 August, granted bail to the businessman.

Kathuria was accused of causing the flooding of the underground library by driving past in his SUV on the waterlogged road in front of Rau IAS’s Study Circle, which eventually led to the three casualties.

Earlier on Thursday, the police dropped at least one charge against him under section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita (BNS).

Also Read

'How Was He Supposed to Know': Wife of SUV Driver Held in Coaching Centre Deaths

The relief to Kathuria came after a judicial magistrate rejected his bail plea on Wednesday.

Stating that he was implicated by the Delhi Police in “over-enthusiasm,” Additional Sessions Judge Rakesh Kumar of Tis Hazari Court, while granting Kathuria bail, said:

"In view of the submissions made by the State through their reply, since offence under Section 105 of BNS, 2023, which is non-bailable, is not made out at this stage, the rest of the Sections are bailable in nature."

During the hearing, the police admitted before the court that they did not have sufficient evidence to establish charges against Kathuria under Section 105 of BNS.

The court noted that the investigating officer had not collected CCTV footage from the basement before and after the incident.

The court observed that the charges Kathuria now faces – BNS Section 106(1) (causing death by negligence), 115(2) (voluntarily causing hurt), 290 (negligent conduct with respect to buildings), 3(5) (common intention), and 281 (rash driving) – are all bailable.

Also Read

Arresting SUV Driver is an Overreaction to Remind You That the State Exists

"The police itself has admitted in its written reply that in the investigation so far, a case of culpable homicide under Section 105 of BNS does not stand against the SUV driver. The rest of the sections under which Manuj Kathuria has been made an accused are all bailable sections," the court added.

The bail order comes a day after the Delhi High Court pulled up the Delhi Police for its “strange probe” after they arrested the driver of the vehicle and not any Municipal Corporation of Delhi (MCD) official.

Kathuria was granted bail on a personal bond of Rs 50,000 with one surety of the same amount. The court imposed conditions that Kathuria must join the investigation when required, should not tamper with evidence, must regularly appear in court during the trial, and must not contact the complainant or witnesses.