Implicated in act of ‘overenthusiasm’— court grants bail to SUV driver in UPSC aspirants death case

Manuj Kathuria was booked under BNS section 105 for wading through waterlogged street opposite Rau’s IAS Study Circle in Old Rajinder Nagar where flooding in basement claimed 3 lives.

Still from purported video of Kathuria wading through waterlogged street in Old Rajinder Nagar in his SUV

New Delhi: Calling charges against him under section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita (BNS) an act of “overenthusiasm”, a sessions court here Thursday granted bail to Manuj Kathuria, the SUV driver arrested by Delhi Police in connection with the deaths of three UPSC aspirants in Old Rajinder Nagar.

Kathuria was arrested Monday and sent to judicial custody for wading through the waterlogged street opposite the four-story building housing Rau’s IAS Study Circle where flooding in the basement claimed the lives of three aspiring civil servants Saturday evening.

Relief for Kathuria came after the Delhi Police Investigating Officer (IO) probing charges against him apprised the court that there was not enough material on record at this time to substantiate the offence of culpable homicide, adding that the case be treated as one of rash driving.

However, the IO’s reply, which formed part of the court order, also said a team from IIT-Delhi will visit the spot and submit an inspection report after which Kathuria’s culpability under section 105 can be “better assessed”.

“Further, from the perusal of the record, it appears that present applicant/ accused implicated in over enthusiasm while he has been charged for the offence under Section 105 of BNS, 2023 (Section 304 IPC) which is non-bailable as per Schedule I of the BNSS, 2023,” Judge Rakesh Kumar noted in his order.

ThePrint earlier reported how Delhi Police’s counsel vehemently opposed Kathuria’s bail plea on the grounds that he was warned by passersby to not wade through the street at high speed — a warning he seemingly ignored.

However, the court noted that the IO of the case confirmed that there was no collection of CCTV footage before and after 6:45 PM on 27 July when Kathuria drove his Force Gurkha SUV through the waterlogged street.

“Further, on perusal of CCTV record dated 27.07.2024 at 6:45 PM, on being inquired keeping in view the entire basement floor/size 840 sq yards, about the collection of CCTV footage prior to 6:45 PM and thereafter to determine the role of the present applicant/accused on a particular time, the IO answered in negative,” the court further noted.

Judicial magistrate Vinod Kumar of Tis Hazari Court had Wednesday dismissed Kathuria’s bail plea, noting that the allegations against him were “serious” in nature. 

Thereafter, Kathuria’s lawyer Rakesh Malhotra moved a bail petition before the district and sessions court which paved the way for his release from Tihar jail where he had been lodged since his arrest.

(Edited by Amrtansh Arora)