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Delhi High Court Grants Bail to Four Co-Owners in Coaching Centre Drowning Case

 

Delhi High Court Grants Bail to Four Co-Owners in Coaching Centre Drowning Case

In a significant legal development, the Delhi High Court has granted regular bail to four co-owners of the basement of Rau's IAS Study Circle in Old Rajinder Nagar, where three civil services aspirants tragically drowned in July 2024. Justice Sanjeev Narula presided over the case, granting bail to Parvinder Singh, Tajinder Singh, Harvinder Singh, and Sarbjit Singh. As part of the bail conditions, the court directed the accused to deposit ₹5 lakh with the Delhi State Legal Services Authority (DSLSA) to support the families of the deceased.

The incident occurred on July 27, 2024, following heavy rainfall that led to severe flooding in the basement of Rau's IAS Study Circle. The victims, Shreya Yadav (25) from Uttar Pradesh, Tanya Soni (25) from Telangana, and Nevin Delvin (24) from Kerala, were present in the basement when it became inundated, leading to their untimely deaths. The basement, which was allegedly being used as a library for students, was reportedly not authorized for such use, raising concerns about safety violations and unauthorized commercial activities.

Following the incident, the Central Bureau of Investigation (CBI) took over the probe, registering a case under various sections of the Bharatiya Nyaya Sanhita (BNS), including Section 105, which pertains to culpable homicide not amounting to murder. The co-owners were accused of illegally leasing the basement for commercial purposes, contrary to its sanctioned use, thereby endangering the lives of the occupants.

In September 2024, a coordinate bench of the Delhi High Court had granted interim bail to the accused, subject to the condition that they deposit ₹5 crore with the Red Cross Society. This amount was intended to be utilized by the Lieutenant Governor to streamline the operations of coaching centers in the city and ensure adherence to safety norms. The court had described the conduct of the co-owners as "unpardonable" and driven by "greed," emphasizing the need for stringent oversight of such establishments.

Upon granting regular bail, Justice Narula noted that the accused had expressed willingness to make a voluntary donation of ₹5 lakh, in aggregate, towards the welfare of the deceased's families, as directed by the Supreme Court. The court instructed the accused to deposit this amount with the DSLSA within two weeks. The Member Secretary of the DSLSA was tasked with considering claims from the families of the deceased and directing the disbursal of the funds after due consideration.

The court acknowledged that the primary allegation against the accused was the unauthorized leasing of the basement for commercial activities, which was not permissible under the sanctioned building plans. However, it emphasized that determining whether such actions constitute offenses under Sections 105 and 106 of the BNS is a matter for the trial court to decide based on the evidence presented during the trial. The court also noted the absence of any material evidence indicating a corruption angle against the accused.

Consequently, the interim bail granted on September 13, 2024, was confirmed as regular bail, subject to the same terms and conditions. The court's decision underscores the importance of adhering to building regulations and the legal responsibilities of property owners, especially when leasing spaces for commercial purposes. The tragic incident has also prompted calls for stricter enforcement of safety norms in coaching centers and similar establishments to prevent such occurrences in the future.

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